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THORNTON v. HICKOX

No. 21146.

886 P.2d 779 (1994)

126 Idaho 474

Laura B. THORNTON, Plaintiff-Respondent, Cross-Appellant, v. Estate of Stuart B. Thornton, Defendant, and Diane HICKOX, individually and as Personal Representative of the estate of Stuart B. Thornton, deceased, Defendant-Appellant, Cross-Respondent.

Supreme Court of Idaho, Boise, September 1994 Term.

December 13, 1994.

Attorney(s) appearing for the Case

Manweiler, Bevis & Cameron, P.A., Boise, for appellant.

Derr & Associates, Boise, for respondent.

JOHNSON, Justice.

This is a civil case. The dispositive issue is whether the trial court properly certified an order denying a motion to dismiss as a final judgment pursuant to I.R.C.P. 54(b). We conclude that the trial court improperly certified the order as a final judgment.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Laura B. Thornton sued the estate of her deceased former spouse, Stuart B. Thornton, and the personal representative of the...

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