Undercofler v. Grantham Transfer Co. ( 1966 )

Frankum, Presiding Judge,

and Pannell, Judge, dissenting. The notice of appeal in this case designates the parties as they stood in the superior court where the Revenue Commissioner was appellee and Grantham Transfer Company, Inc., et al. were appellants. In the notice the Revenue Commissioner appeals from the judgment entered on February 18, 1966 “granting appellee’s motion for a summary judgment.” It is obvious that the judgment appealed from was in favor of the appellant here, and it is fundamental that a party cannot be heard to complain of a judgment in his favor. Therefore, we are of the opinion that the appeal should be dismissed.