Mangus v. Progress Quarries, Inc.

This is a review of the dismissal of defendant’s appeal by the Court of Appeals for absence of an appealable order.

Trial resulted in a jury verdict of April 26, 1979, for plaintiffs. No judgment was rendered on the verdict. On May 3 plaintiffs moved for a new trial. On June 11 the trial court issued an order setting aside the verdict and allowing a new trial based on an invalid verdict. On July 9 defendant filed a notice of appeal from the order granting a new trial. On July 12 the trial court signed a judgment nunc pro tunc May 7, 1979. The Court of Appeals dismissed the appeal for lack of…