Independent School District No. 84 v. Rittmiller

Plaintiff commenced an action to recover damages to its school bus in an automobile collision alleged to have resulted from defendant’s negligence. Defendant made a motion to dismiss the action, apparently on the ground that he had made a tender of a sum sufficient to cover the entire amount of plaintiffs claim, plus costs, and the tender had been refused. The' trial court denied the motion, and defendant appealed from the order. Plaintiff now-moves to dismiss the appeal on the ground that the order is not appealable.

The motion to dismiss is granted. An order denying a motion to dismiss a…