Cowles v. Phares

This appeal reflects procedural problems. Despite the fact this court earlier denied a motion to dismiss, we now determine that we do not have jurisdiction and do therefore, dismiss the appeal and cross appeal.

Shortly sketching, following a non-jury trial, the trial court orally announced a tentative, conditional ruling and required the future submission of an exhibit. No written final order or judgment has ever been entered or rendered. Sixty-two days after the oral announcement appellees moved for a new trial. It was granted and the trial court, in effect, reopened the case and required…