Bugg v. Sofran Co.

RUSSELL, Judge.

The dispositive issue for decision by this court is whether this appeal is to be dismissed for failure to timely file a notice of appeal.

The trial court granted a summary judgment in favor of the defendants on February 29, 1988. The plaintiffs filed a motion for rehearing on March 17, 1988. The trial court subsequently denied plaintiffs’ motion for rehearing on August 15, 1988, and thereafter the plaintiffs filed their notice of appeal to this court on September 22,1988.

At the outset we note that the trial court’s order dated August 15, 1988, was a nullity. This is so because…