Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

SKELLY OIL COMPANY, a corporation, Appellant, v. Albert ZIMMERMAN and Alberta Zimmerman, partners, d/b/a Sinclair Rexall Drugs, a partnership, and Milton Brown, Appellees.

PER CURIAM.

The Insurance Company brought this action against the Zimmermans to recover, as subrogee, the amount it had paid under a fire insurance policy issued by it to Myrtle W. and Forrest H. Hagenbuck, on account of a fire loss suffered by them, alleging the fire was caused solely by the negligent acts of the Zimmermans. The Zimmermans filed a third party complaint against Skelly Oil Company.

From an order denying Skelly's motion to dismiss the third party complaint, Skelly has sought to appeal.

Such order was clearly interlocutory and not a final order. It does not fall within any of the categories of interlocutory orders made appealable by 28 U.S.C.A. § 1292(a) and no effort was made to comply with 28 U.S.C.A. § 1292(b), nor did the court direct the entry of a final judgment, under Rule 54(b), Fed. Rules Civ.Proc.

The appeal is dismissed without prejudice.

Use AI to get other relevant cases.

Comments

SKELLY OIL COMPANY v. ZIMMERMAN
(Jun 4, 1964)