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Rice v. Tanner4/6/2005
to the court. On the other hand, the JUDGMENT of September 27, 2004, from which appellant timely appealed, provided that "summary judgment will be entered for all of the defendants, and this case is hereby dismissed with prejudice," thereby discharging the parties from the court, dismissing the action, and concluding their rights to the subject matter in controversy. (Emphasis added.)
Because we view the September 27, 2004, judgment as the final appealable order in this case, from which appellant timely appealed, we deny appellees' motions to dismiss.
Pittman, C.J., Hart, Griffen, Glover, and Roaf, JJ., agree.
Gladwin, Robbins, Neal, Vaught, Crabtree, Baker, JJ., would grant.
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