Reilly v. Fuss

WHITE, Acting Chief Judge.

Plaintiff appeals an adverse final judgment of 28 August 1963 entered after denial of her petition for reinstatement of the cause on 25 July 1963. A prior order of 15 May 1963 had dismissed the cause, an action at law, “without prejudice” for lack of prosecution.1

Before getting to the merits we note the defendant’s contention that the appeal is untimely because it was not taken from the order dismissing the cause dated 15 May 1963. This contention is without substance. The orders of 15 May 1963 and 25 July 1963 were interlocutory orders at law and therefore not…