CARROLL, CHAS., Judge.
A motion by the appellees to dismiss this appeal presents the question of whether a trial court's order is final, or is interlocutory, which, upon granting a defendant's motion to dismiss, dismisses the complaint and grants leave to the plaintiff to amend, with no amendment being filed. We hold that such an order is final and appealable.
In this case, an order was entered on September 16, 1959, as follows:
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