Myers v. Johnson

This is a motion by defendants to dismiss plaintiffs’ appeal, under the provisions of rule (10a), Rules on Appeal, for failure to comply with the requirements of rule 4(c) of said rules. The pertinent portion of rule 4(c) is as follows:

“The notice given by the appellant under the foregoing provisions of this rule shall not be effective for any purpose unless, within 10 days after notification from the clerk of his estimate of the cost of preparing the reporter’s transcript as designated by the notices of the parties, the appellant shall either deposit with the clerk an amount of cash equal to…