Atkins v. Morgan

Tenth Circuit

Atkins v. Morgan

364 F.2d 822

CourtCourt of Appeals for the Tenth Circuit

DecidedJuly 28, 1966

DocketNo. 8742

StatusPublished

Cited by4 cases

This text of 364 F.2d 822 (Atkins v. Morgan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkins v. Morgan, 364 F.2d 822 (10th Cir. 1966).

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Opinion

PER CURIAM.

Appellees point out that the order appealed from dismissed the petition but did not dismiss the action, therefore, there is no appealable order. Under authority of Garrison v. Lacy, 10 Cir., 362 F.2d 798, May Term, 1966, and Midwestern Developments, Inc. v. City of Tulsa, 10 Cir., 319 F.2d 53, cert denied, 379 U.S. 989, 85 S.Ct. 702, 13 L.Ed.2d 610, we agree that the order appealed from is not a final appealable order and that the appeal must be dismissed.

However, in the interest of efficient judicial administration, we believe it is appropriate to add that we have carefully considered the pleadings and the order entered dismissing the petition and agree with the trial court in that federal jurisdiction is not present in the case.

The appéal is dismissed and the case is remanded for the entering of a final judgment and such other action as the trial court shall deem appropriate.

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PER CURIAM.

Appellees point out that the order appealed from dismissed the petition but did not dismiss the action, therefore, there is no appealable order. Under authority of Garrison v. Lacy, 10 Cir., 362 F.2d 798, May Term, 1966, and Midwestern Developments, Inc. v. City of Tulsa, 10 Cir., 319 F.2d 53, cert denied, 379 U.S. 989, 85 S.Ct. 702, 13 L.Ed.2d 610, we agree that the order appealed from is not a final appealable order and that the appeal must be dismissed.

However, in the interest of efficient judicial administration, we believe it is appropriate to add that we have carefully considered the pleadings and the order entered dismissing the petition and agree with the trial court in that federal jurisdiction is not present in the case.

The appéal is dismissed and the case is remanded for the entering of a final judgment and such other action as the trial court shall deem appropriate.

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364 F.2d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkins-v-morgan-ca10-1966.

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