Joy Allen and Diana Allen, Steven Allen and Tracy Allen, Minors, by Their Guardian, Ad Litem, Joy Allen v. Harold D. Schnuckle

On January 27, 1956, in the United States District Court for the District of Idaho, appellants, citizens of Utah, brought an action against appellee, a citizen of Idaho, for damages in the sum of $100,000. On August 3, 1956, appellants filed an amended complaint. On August 6, 1956, appellee filed a motion to dismiss the action on the ground that the amended complaint failed to state a claim upon which relief could be granted. The District Court granted appellee’s motion and, on October 30, 1956, entered a judgment dismissing the action.

On November 7, 1956, appellants filed a motion for leave to amend the amended complaint. On November 9, 1956, appellants filed an amended motion for leave to amend the amended complaint. On February 18, 1957, the District Court entered an order denying the amended motion.

On March 21, 1957, appellants filed a notice of appeal. Thereby appellants took two appeals — one from an order said to have been entered on February 18, 1957, and one from a judgment said to have been entered on February 18, 1957. These appeals must be dismissed for the following reasons:

The only order entered on February 18, 1957, was the order denying the amended motion for…