(dissenting) — I concur in the majority opinion except Division IY and the result, to which I respectfully dissent. I would decline to follow the result favored by the majority in Wilson v. Corbin, 241 Iowa 226, 40 N.W.2d 472, and would dismiss the appeal.
While I concede the cited case is authority for the disposition made of the appeal here, there is more reason to dismiss this appeal than there was in Wilson v. Corbin. There “The failure to enter judgment was the clerk’s failure.” (Page 229 of 241 Iowa, page 474 of 40 N.W.2d.) That is not true here. Further, Wilson v. Corbin warns, “However, attorneys should see that final judgment is entered in all cases in which they undertake to appeal as a matter of right under rule 331(a).” Ibid. The result of this opinion leaves little incentive for attorneys to heed the warning.
Bliss and Thompson, JJ., join in this dissent.