[DOWNLOAD] "Southland Produce Company v. Robert Belson" by Supreme Court of Idaho No. 11658 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Southland Produce Company v. Robert Belson
- Author : Supreme Court of Idaho No. 11658
- Release Date : January 20, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an attempted appeal from the granding of a summary judgment in favor of three of five original defendants. Plaintiff-Appellant Southland Produce Company brought action against two individuals, Robert Belson and Howard Weiss and against three corporations, R. Belson Company, Gerber Potato Products, Inc. and Crest Produce Company. The action was brought seeking to impose joint and several liability against all defendants resulting from a sale of potatoes. Upon motion, the trial court granted the summary judgment in favor of the two individuals, Robert Belson and Howard Weiss, and one corporation, Crest Produce Company. Southland appeals the summary judgment of dismissal of the individuals Belson and Weiss. We dismiss the appeal as premature. Respondent Howard Weiss argues that since summary judgment in this case was rendered in favor of some but not all of the defendants it is not a final judgment, and thus not appealable at this time. We agree. I.C. § 13-201 provides that a district court judgment is appealable if it is a final judgment. A final judgment in this sense is a final determination of the rights of the parties. I.C. § 10-701, Viani v. Aetna Insurance Company, 95 Idaho 22, 501 P.2d 706 (1972); Gerry v. Johnston, 85 Idaho 226, 378 P.2d 198 (1963).