Swarthout v. Gentry

167 P.2d 501 (1946)

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Swarthout v. Gentry

California Court of Appeal
167 P.2d 501 (1946)

Facts

Swarthout (plaintiff) filed a complaint against Gentry (defendant) seeking a dissolution of the parties’ partnership and a partition of real property owned by the parties. Gentry denied that the real property should be partitioned, arguing that the property belonged to the partnership and should be sold with the profits divided between the parties. The trial court entered an order ruling that the real property would be partitioned and appointed three referees to oversee the partition, subject to final approval by the trial court. The referees were ordered to report on easements, rights of way, and any inequities in value of the property awarded to each party, with the trial court having the final determination on these matters. Gentry appealed from the trial court’s order. Swarthout filed a motion to dismiss the appeal, arguing that the trial court’s order was interlocutory and not a final, appealable order.

Rule of Law

Issue

Holding and Reasoning (Marks, J.)

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