Tassin v. Rhynes

ON REHEARING

In our original opinion dismissing appellant’s appeal, we indicated that the Clerk of the District Court presented a request to the District Judge for an extension of the August 23rd return date on August 23rd, and that the judge denied the request. Feeling that our conclusion may not be fully supported by the record,1 we granted this rehearing.

The record does show that the requested extension is dated August 23, 1977, but it does not show on what date it was presented to the court, or on what date it was denied, facts which we find crucial in view of the recent holding of our…