Szafranski v. Radetzky

1. Jurisdiction of appeal.

On oral argument, counsel for defendants moved to dismiss the appeal for lack of jurisdiction. It appears from the record that the order sustaining the defendants’ demurrer was entered on July 1, 1965, and the plaintiffs were given twenty days in which to file an amended complaint. On August 9th, no amended complaint had been filed, and the defendants moved to dismiss. On September 30th, an order was entered dismissing the complaint. The defendants take the position that, since this order was not appealed, the present appeal is without jurisdiction and must be…