Gillis v. Bloome

This motion to dismiss an appeal by defendants from an order denying their motion to vacate and set aside an order granting a motion for a new trial (made after entry of a judgment of nonsuit in favor of the defendants) is made upon the ground that “the appeal attempted to be taken is from an order which is not appeal-able”.

When this motion to dismiss appeal was first made we denied it (117 Cal. App. 247 [4 Pac. (2d) 199]) on the supposed authority of Moffitt v. Ford Motor Co., 212 Cal. 73 [297 Pac. 553]. We granted a rehearing because we were convinced of error in our application of that…