Anderson v. Finkle

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In this dispute arising from a party’s failure to perform on a promissory note Steven Anderson filed a complaint against Steve Finkle alleging breach of contract and quantum meruit or unjust enrichment. After trial but before the trial court issued its order, Anderson died. Thereafter, the district court issued an order awarding Anderson the amount of the promissory note plus interest. Finkle filed a motion for new trial and then the estate filed a motion for revivor. The district court overruled Finkle’s motion and granted the estate’s motion reviving the matter in the name of the personal representative of the estate. The Supreme Court dismissed the appeals in both cases, holding (1) because of Anderson’s death, the district court lacked jurisdiction to enter judgment and deny Finkle’s motion for new trial, and therefore these orders were void, and Finkle’s first appeal did not divest the district court of its jurisdiction; and (2) this court was without jurisdiction to entertain Finkle’s appeal of the order of revivor because it was not a final order. View "Anderson v. Finkle" on Justia Law