Clear v. Marvin
Decision Date | 05 July 1961 |
Docket Number | No. 9050,9050 |
Citation | 363 P.2d 355,83 Idaho 399 |
Parties | Gerald A. CLEAR, Father of Nancy Joan Clear, a minor, now deceased, Plaintiff-Respondent, v. Leland G. MARVIN, Defendant-Appellant. |
Court | Idaho Supreme Court |
Martinson & Gale, Moscow, Hawkins & Miller, Coeur d'Alene, for appellant.
McCarthy & Adams, Lewiston, Sharp & Bishop, Clarkston, Wash., for respondent.
Plaintiff (respondent) brought this action to recover damages from defendant (appellant) for the wrongful death of plaintiff's nine-year-old daughter, alleged to have been caused by the negligence of the defendant. Upon plaintiff's motion for a summary judgment the trial court found that the child's death was the result of gross negligence on the part of defendant; that the defendant was liable therefor as a matter of law; and that there was a genuine issue as to the amount of damages which the plaintiff is entitled to recover. Judgment was accordingly entered determining defendant's liability and that the only issue remaining to be resolved is the amount of plaintiff's damage.
Defendant brought this appeal from the judgment. On defendant's motion the district court stayed further proceedings in that court, pending appeal.
The cause is now before this court on plaintiff's motion to dismiss the appeal. The issue is governed by I.R.C.P., Rule 56(c), which is as follows:
Idaho Code, § 13-201, enumerates the judgments and orders of the district court from which an appeal may be taken. The only interlocutory judgment from which an appeal is allowed by that section is one entered in an action for the partition of real property.
The judgment here entered has the character of finality, but only as to a portion of the issues raised by the pleadings....
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Viani v. Aetna Ins. Co.
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...Lloyd v. Lloyd, 95 Idaho 108, 503 P.2d 308 (1972); Viani v. Aetna Insurance Co., 95 Idaho 22, 501 P.2d 706 (1972); Clear v. Marvin, 83 Idaho 399, 363 P.2d 355 (1961). Appeal dismissed. No costs Before a full court. SHEPARD, J., sitting but not participating. 1 For a more complete statement ......
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