Robert C. Sears and Lavonne Stern v. Karen Austin

The Court dismisses the appeal on its ■own motion for the reason that it is of the opinion that no final judgment is now outstanding in the trial court.

On March 1, 1960, the trial court •signed and entered “Findings of Fact and Conclusions of Law.” The concluding words of that instrument were: “Let .judgment be entered accordingly.” And, accordingly the trial court contemporaneously on the same date signed a written judgment, on its face final in form.

On March 9, 1960, defendants filed a motion to “Amend Findings and to Set Aside Judgment and Enter Judgment for Defendants.” On March 30, 1960, appellants (defendants) filed a notice of appeal and posted a cost bond for the •appeal. Then on April 1, 1960, the district court entered an “Order Denying Motion for New Trial and Amending Findings.” These new findings with ac-companying conclusions of law reach the same end as the previous findings but are ■entirely self-sufficient and obviously intended to replace in toto the findings of March 1. The two sets of findings generally overlap but have some variance. The amended findings (and conclusions) ■of April 1 conclude with “Let judgment be entered accordingly.” Unlike the -events…