Epley v. Califro

This is an appeal by the defendant Lena Califro from an order entered August 26,1955, granting plaintiff’s motion to vacate an order entered July 21, 1955. The order of July 21 was made pursuant to the provisions of Code of Civil Procedure, section 581a. It dismissed the action as to Lena and her codefendant Mareck. The order appealed from was based on the asserted ground that the prior order was inadvertently made. The defendant Mareck did not appeal.

The issues presented on appeal are whether the order of August 26 is an appealable order and whether the trial court erred in vacating its…