Travelers Insurance v. Fidelity & Casualty Co. of New York

Whether or not the issue is raised by counsel, this court must take notice of any matter which impinges its jurisdiction on appeal and will dismiss the appeal sua sponte if the order of the trial court is not appealable. In such cases we lack the necessary jurisdiction to decide the appeal.1

The appellant contends the court’s order sustaining the demurrer but granting leave to amend affected a substantial right of the bank since the statute of limitations had then run on the cause of action and also the order regardless of its form in effect overruled its demurrer by allowing an amendment of…