Opinion
No. 47550.
January 10, 1950.
APPEAL AND ERROR: Failure to enter final judgment on order directing verdict — appellant given opportunity to have judgment entered nunc pro tunc. Where on submission to supreme court of appeal from order directing verdict against appellant it appears no final judgment was entered, held, the submission be set aside and appellant given twenty days in which to have judgment entered nunc pro tunc and upon correction of record accordingly appeal to be resubmitted.
Appeal from Floyd District Court. — WILLIAM P. BUTLER, Judge.
Guest action (by next friend) against car driver and owner for personal injury due to alleged reckless driving. Directed verdict. Plaintiff appeals. — Submission set aside with leave to have judgment entered.
B.C. Sullivan, of Rockford, and Larson Carr, of Charles City, for appellant.
Westfall, Laird Burington, of Mason City, for appellees.
The record in this case fails to show that any final judgment was entered upon the order directing verdict. A certificate of the clerk of the Floyd District Court reveals that no such judgment was entered. Pursuant to our holding in Wilson v. Corbin, 241 Iowa 226, 40 N.W.2d 472, the submission herein is set aside, plaintiff given twenty days in which to have the proper judgment entered nunc pro tunc and the record here corrected to show such judgment. If so corrected the case will be resubmitted at the February period of the present term of this court without further oral or written argument. If not so corrected the appeal will be dismissed during said February period. — Submission set aside with leave to have judgment entered.
All JUSTICES concur.