Opinion
No. 18,146.
Filed December 21, 1950. Rehearing denied February 1, 1951. Transfer denied March 22, 1951.
1. APPEAL — Appellate Jurisdiction — Decisions Reviewable — Final Judgment Necessary. — To be appealable as a final judgment an order or judgment must be one which finally determines the rights of the parties in the suit, or in some distinct and definite branch of it, and which leaves no further question or direction for future determination by the court. p. 73.
2. APPEAL — Appellate Jurisdiction — Decisions Reviewable — Final Judgment Necessary — Vacation of Order for Sale of Decedent's Realty Not Final Judgment. — An order of a probate court vacating a previous order for the sale of a decedent's realty to pay debts is not a final judgment from which an appeal may be taken. p. 73.
From the St. Joseph Probate Court, John S. Gonas, Judge.
David C. Quinn, as administrator of the estate of Hattie Loretta Mikesel, deceased, obtained an order for the sale of decedent's real estate to pay debts, which order adjudged that Lester L. Blakeman had a lien on the real estate. After confirmation of the sale, St. Joseph's Hospital of Mishawaka intervened and filed a motion to vacate the order of sale. From an order sustaining this motion Blakeman attempts to appeal.
Appeal dismissed.
Charles Davis, of Mishawaka, for appellant.
George Johnson, and Schindler Schindler, both of Mishawaka; and Diamond Miller, of South Bend, for appellees.
The appellee administrator obtained an order from the St. Joseph Probate Court for the sale of decedent's real estate to pay debts, which order adjudged that appellant Blakeman had a lien on the real estate prior to all other liens save taxes and special assessments.
The administrator filed his report of sale, which report was approved, the sale confirmed, and deed ordered delivered. Later on the same day the appellee St. Joseph County Department of Public Welfare filed its petition to intervene, which was granted, and also filed its motion to amend the order of sale.
A few days later appellee St. Joseph's Hospital of Mishawaka filed its petition to intervene, and its motion to vacate the order of sale. Appellant's demurrers to the petitions to amend and to vacate the order of sale were overruled. The court vacated the order of sale.
From this order vacating the order of sale appellant attempts to appeal, treating the same as an appeal from a final judgment.
"To be appealable as a final judgment an order or judgment must be one which finally determines the rights of the parties in the suit, or in some distinct and definite branch of it, and 1, 2. which leaves no further question or direction for future determination by the court." Greathouse v. McKinney (1942), 220 Ind. 462, 44 N.E.2d 344. The order appealed from is not a final judgment. 2 Gavit, Indiana Pleading and Practice 2505, § 508; Knox Consolidated Coal Corp. v. Onions (1944), 114 Ind. App. 570, 53 N.E.2d 643; Wood v. Wood et al. (1875), 51 Ind. 141.
Appeal dismissed.
NOTE. — Reported in 95 N.E.2d 638.