Smith v. Forrester

Shulman, Judge.

This appeal is brought from a judgment on a jury verdict in favor of appellee and from the denial of appellant’s motion for new trial. Appellee has made a motion in this court to dismiss the appeal for failure to file a notice of appeal or motion for new trial within 30 days after entry of judgment.

Judgment was entered for appellee on March 16, 1977. On April 13, appellant’s counsel sent a motion for new trial to the trial judge requesting the judge to sign the rule nisi attached to it and send a copy to opposing counsel. The judge complied with counsel’s requests and sent the…