Opinion
DA 23-0686
01-23-2024
DAVID KNUDSON d/b/a PRO KLEEN SERVICES, Plaintiff and Appellee, v. MAURICE J. VEISSI, Defendant and Appellant, and HARTFORD FIRE INSURANCE COMPANY and KYLIE P. ADAMS, Defendants.
ORDER
Appellee David Knudson d/b/a Pro Kleen Services, via counsel, has moved to dismiss this appeal on the basis that it is an appeal taken from an order that is neither a final order nor an order certified as final pursuant to M. R. Civ. P. 54(b), and therefore this matter is not appealable at this time.
In this matter, Maurice J. Veissi appealed from an Order Denying Motion for Summary Judgment, issued on November 13, 2023, in the Eighth Judicial District Court, Cascade County, Cause No. BDV-17-321(a). However, orders denying motions for summary judgment are not appealable. M. R. App. P. 6(5)(b).
In response to Knudson's motion to dismiss, Veissi conceded that this appeal was taken from a non-final order and his appeal is thus premature. He requests that this Court dismiss the appeal without prejudice.
IT IS THEREFORE ORDERED that this appeal is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that this matter is REMANDED to the District Court. The Clerk is directed to provide copies of this Order to all counsel of record.