Smallwood v. Erlandson

This is an action to recover damages for alleged negligence of the defendant. Defendant moved for summary judgment, and plaintiff moved for partial summary judgment on the issue of liability only. Defendant’s motion was denied, and plaintiff’s motion was granted. The trial court’s order specifically provides: "* * * and that the case shall proceed to trial on the issue of plaintiff’s damages only.”

Defendant filed a notice of appeal from the order denying his motion and granting plaintiff’s motion, reciting in his notice of appeal: "* * * which Order effectively determines this action.”

Upon…