James Lee Hasemeier v. Hugh R. Smith

Mr. Hasemeier, the plaintiff below, filed a malpractice action wherein he claimed $25,000 as damages for the wrongful death of his wife which he averred was due to defendants negligence. Defendants motion to dismiss on the ground that plaintiffs petition did not state a claim upon which relief could be granted was sustained, and the trial court adJudged "that this cause of action be and is hereby dismissed without prejudice." Defendant has moved to dismiss this appeal on the ground that the judgment of dismissal was not final and appealable.