dismissing interlocutory appeal on the issue of statutory immunity from liability because "[w]hile immunity from suit may be a right irretrievably lost if an official claiming immunity has to participate in a trial on the merits, immunity from liability is no such right."
How later courts described this case
- dismissing interlocutory appeal on the issue of statutory immunity from liability because "[w]hile immunity from suit may be a right irretrievably lost if an official claiming immunity has to participate in a trial on the merits, immunity from liability is no such right."
- involving the denial of summary judgment motions premised on statutory immunity from liability
Written by the judges who cited it.
The opinion
George Rose Smith, Justice, concurring. I concur in the result only. We have held a dozen or more times that there is no appeal from the denial of a motion for summary judgment. I see no reason to explore the matters discussed in the majority opinion.