Marcum v. Inter-Ocean Insurance

LOTTINGER, Judge.

This matter is before this court on a motion by plaintiff-appellee to dismiss the appeal of Inter-Ocean Insurance Company on the ground that the record was not timely filed.

From the record and briefs we glean the following facts. Judgment was rendered on June 16, 1980 and signed on October 31, 1980. Defendant timely perfected a sus-pensive appeal on December 1, 1980. The appeal was made returnable to this court on February 27, 1981. On February 20, 1981, the clerk of the trial court requested an extension of the return date because the costs had not been paid. This request…