Speer v. Stover

ON APPLICATION FOR WRIT OF ERROR

The question presented for review is whether the order sustaining James Sto-ver’s misnomered plea in abatement is final and appealable. In an unpublished opinion, the court of appeals held that the plea was interlocutory and dismissed the appeal for want of jurisdiction. We reverse the judgment of the court of appeals and remand the cause to that court.

During the pendency of the administration of the Estate of Melba Stover in the probate court, the Speers filed this action in district court seeking specific performance of a real estate contract which allegedly…