Christensen v. Harkins

OPINION DENYING MOTION TO DISMISS

LATTIMORE, Justice.

Appellants seek to appeal the judgment of the trial court granting appellee’s motion for partial summary judgment in this declaratory judgment action filed in connection with the probate of a will. Appellee filed a motion to dismiss this appeal, contending this judgment is interlocutory and non-appealable, whereas appellants assert this is a final appealable judgment.

We deny appellee’s motion to dismiss and hold this is a final appealable judgment.

A review of the procedural background of this case is necessary for our disposition of…