Potvin

This is a motion by plaintiff to dismiss an appeal taken by the defendants from an order vacating a judgment whereby it was decreed that plaintiff take nothing by reason of her amendment to the first amended complaint. The judgment which was vacated by the order from which the appeal has been taken was rendered by the court after a demurrer both general and special had been sustained to the amendment to the first amended complaint without leave to amend. The motion to dismiss the appeal is made pursuant to the provisions of section 3 of Rule V of the Rules for the Supreme Court and the District Courts of Appeal. The grounds of the motion are that the appeal has been taken merely for delay and that the question on which the decision of the cause depends is so unsubstantial as to require no further argument.

The principal contention presented in support of the motion to dismiss the appeal is that the order from which the appeal has been taken is not an appealable order and that the attempted appeal is therefore ineffectual.

The complaint whereby respondent seeks to recover damages for the alleged wrongful death of her husband contains six causes of action. In each cause of action…