[DOWNLOAD] "Jonathan Little and Hannah Little v." by Supreme Court Of Utah " Book PDF Kindle ePub Free
eBook details
- Title: Jonathan Little and Hannah Little v.
- Author : Supreme Court Of Utah
- Release Date : January 11, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
WILKINS, Justice: Plaintiffs brought this action against the State Division of Family Services and the individual defendants alleging negligence in connection with placement, supervision and foster care given by them. The defendants asserted the defense of sovereign immunity and moved to dismiss the action on that ground. The court denied their motion. Defendants then proceeded under 54(b) to have the trial court sign an order that the ruling was a final judgment and appealed that ruling to this Court. This Court entered its order dismissing the appeal. Within the 20 days allowed for doing so, the defendants filed a petition for rehearing. The significant part of Rule 54(b) provides that when multiple claims and/or parties are involved, ... the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties... ... there is no just reason for delay.... This does not necessarily mean that there is a final judgment merely because the order so recites. In this instance, the trial court denied the defendant's motion to dismiss, thus leaving the parties in court, and there was, therefore, in fact no final judgment. 1 The previously entered order of this Court granting the motion to dismiss the appeal is reaffirmed.