State Ex Rel. State Highway Commission v. Tate

RENDLEN, Judge.

This condemnation case was transferred to this Court after opinion, pursuant to Rule 83.03, in order to reexamine the construction of Rule 81.05(b) 1 relating to premature filing of a notice of appeal. Only the facts relevant to that issue will be stated.

J. C. Young and other defendants excepted to the commissioners’ awards and trial was to the court. On June 21, 1976, the case was submitted and taken under advisement. Four days later, June 25, the court made a docket entry finding the issues against the State Highway Commission and assessing defendants’ damages. The judge’s…