Miller v. Hurst

I respectfully dissent from the majority holding that an order refusing to remove a compulsory nonsuit is appealable prior to the entry of judgment on the docket.

It is clear that an appeal does not lie from an order entering a nonsuit, but rather, an appeal may only be taken subsequent to the denial of a motion to remove the nonsuit. The majority holds that the appeal is actually taken from the order refusing to remove the nonsuit. However, I would hold that an order refusing to remove a nonsuit is not appealable until a judgment is entered on the order.

The majority has stated that an order…