Federated Security Insurance Co. v. Burton

Utah Supreme Court

Federated Security Insurance Co. v. Burton

398 P.2d 200, 16 Utah 2d 194, 1965 Utah LEXIS 512

CourtUtah Supreme Court

DecidedJanuary 19, 1965

DocketNo. 10135

StatusPublished

This text of 398 P.2d 200 (Federated Security Insurance Co. v. Burton) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Federated Security Insurance Co. v. Burton, 398 P.2d 200, 16 Utah 2d 194, 1965 Utah LEXIS 512 (Utah 1965).

Pincite

Opinion

HENRIOD, Chief Justice.

Appeal from "the Court’s denial of plaintiff’s motion to strike defendants’ Objections to Order of Dismissal” (of a counterclaim). The appeal is dismissed with instructions. No costs awarded.

This appeal was not from a final judgment as required by Rule 72, Utah Rules of Civil Procedure, the rule cited by appellant as basis for the appeal, as will appear from the quoted language of appellant’s Notice of Appeal set out in the preceding paragraph above.

[195]*195The trial court generously treated respondent’s abortive “Objections to Order of Dismissal” as a motion for new trial, but was in error for two reasons: 1) At that juncture there had been no trial so there could not have been a new one, and 2) the abortive pleading obviously was in no sense a Motion for New Trial under the rules.

The case is remanded with instructions to proceed under the proper rules, in consonance with the conclusions herein expressed.

McDonough, wade, and callis-TER, JJ., concur. CROCKETT, J., concurs in the result.

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