Lambert v. Teisina
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Trustee alleged that Defendants owned an interest in a parcel of land and moved for summary judgment to partition their interest along with the remainder of the parcel. The circuit court granted summary judgment for partition, directed that the parcels be sold at a public auction, and ordered the sale proceeds to be distributed pursuant to court order. Defendants’ property was sold to Trustee at the public auction. The sale was confirmed to Trustee pursuant to a confirmation order. Defendants appealed from the confirmation order. The intermediate court of appeals (ICA) dismissed Defendants’ appeal for lack of jurisdiction because no final judgment had been entered in the case. The Supreme Court vacated the ICA’s dismissal order and remanded to the ICA for disposition of the appeal, holding that the confirmation order met the requirements of appealability under the doctrine announced in Forgay v. Conrad, which addresses the narrow relaxation of the finality rule for orders transferring property.
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