James v. Kula Development Corp.

Defendants have appealed to this court from an order entered May 27, 1966, denying their motion filed April 12, 1966, and granting plaintiff’s motion of April 21, 1966 for a determination nunc pro tunc giving finality to a summary judgment previously entered in a multiple claim situation where H.R.C.P., Rule 54(b), required such determination if the judgment was to be deemed final. On the same day, May 27, 1966, there was entered an amended summary judgment pursuant to said order. However, there is no question of any mistake in the notice of appeal. Defendants deliberately did not appeal from…