DeVault

This appeal originated in a medical malpractice action commenced by plaintiff- appellant against Doctors Joseph A. Logan, Curtis Lee Price and Frank J. Puerta, a copartnership practicing medicine, defendants-respondents. Dr. Puerta is the actor; Doctors Logan and Price are joined on a theory of partnership liability. The word “defendant” as used herein shall refer to Dr. Puerta. The issues raised by the affirmative defense of the bar of the' statute of limitations were tried by a jury prior to and separate from the issues on the merits and the verdict was for plaintiff. Defendants’ motion for an order for judgment notwithstanding the verdict was granted. Plaintiff appeals from the minute order granting the motion and from the judgment entered pursuant thereto in favor of the defendants.

The order granting judgment notwithstanding the verdict is not a final judgment and not an appealable order. The purported appeal therefrom must be dismissed. (Jordan v. Talbot, 55 Cal.2d 597, 602 [ 12 Cal.Rptr. 488 , 361 P.2d 20 ].)

Viewing the evidence in the light most favorable to the plaintiff, and disregarding conflicts and contradictions, as the court must on an appeal from a judgment…