Bowers v. Basiliko

Our Rule 27(e) requires that designation of record and statement of errors shall be filed within five days from the date of filing notice of appeal. Appellant “allowed eleven days to elapse, and then moved for leave to file said papers. Appellee objects. But we say at the outset that consent or lack of it cannot provide the pattern for our rulings in these situations. Counsel by giving their consent cannot render our rules inoperative,1 or by withholding it prevent our granting relief in a proper case. This relief may, upon a proper showing, include extensions sought after expiration of the…