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American Fire Casualty Co. v. Allison

United States Court of Appeals, Fifth Circuit
May 25, 1951
189 F.2d 255 (5th Cir. 1951)

Opinion

No. 13333.

May 25, 1951.

Clarence Brown, Forrest E. Gotthardt, Miami, Fla., for appellant.

T.J. Blackwell, S.J. Powers, Jr., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.


Appellee has filed a motion to dismiss the appeal on the ground that the order appealed from is not a final and appealable order.

We agree. The appeal, instead of being from the final judgment entered against appellant on January 30, 1950, is from the order denying a motion to set that final judgment aside. It is settled law that such an order is not appealable. Cf. Cromelin v. Markwalter, 5 Cir., 181 F.2d 948; French v. Jeffries, 7 Cir., 161 F.2d 97; U.S. v. Muschany, 8 Cir., 156 F.2d 196.

The appeal is

Dismissed.


Summaries of

American Fire Casualty Co. v. Allison

United States Court of Appeals, Fifth Circuit
May 25, 1951
189 F.2d 255 (5th Cir. 1951)
Case details for

American Fire Casualty Co. v. Allison

Case Details

Full title:AMERICAN FIRE CASUALTY CO. v. ALLISON

Court:United States Court of Appeals, Fifth Circuit

Date published: May 25, 1951

Citations

189 F.2d 255 (5th Cir. 1951)

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