285 S.W.2d 172 | Ky. Ct. App. | 1955
The sole question involved in this appeal is whether the order,.of the lower court overruling a motion for summary judgment is appealable.
At the time of his death, ’intestate, O. E. Watkins owned jointly with his wife, Tora Watkins, one of the appellees, a small liouse arid lot in Paducah, Kentucky. He was survived .‘by his widow and four children as his heirs at law, who inherited’ the decedent’s undivided, one-half interest in the land, subject to their mother’s right to dower or’homestead.
Fairrie Battoe, a joint owner, and her husband, appellants, filed this action against the widow and other joint owners Under KRS 389.020, formerly. Civil Code Section 490, seeking a sale of the real estate on the ground of indivisibility. The widow, by answer and cross-complaint, asked that she be allotted a homestead in the undivided one-half interest of the land formerly owned by her husband. Appellants filed a reply denying the right to the relief sought by the widow and then filed an amended complaint, seeking compensation in the sum of $5,000 for services rendered the decedent and the further sum of $500 for expenses incurred in -performance of the services. The widow- and one daughter, by separate
Proof was taken by deposition as to.the services rendered by appellants, and a request for admissions under CR 36.01 was unanswered. Appellants filed a motion for summary judgment, supported by affidavits. The triál court ovérruled the motion. The appeal is-taken from that order.
An order overruling a motion for summary judgment is an interlocutory order. Since it is not a final order, it is not ap-pealable. For further discussion, see Bell v, Harmon, Ky., 284 S.W.2d 812; Atlantic Company v. Citizens Ice & Cold Storage Co., 5 Cir., 1949, 178 F.2d 453,
Appeal dismissed.