David F. Miller v. Metropolitan Property and Casualty Insurance Company

OPINION

Chief Justice SUTTELL,

for the Court.

Metropolitan Property and Casualty Insurance Company (Metropolitan or defendant) appeals from the denial of its motion to dismiss an appeal filed by David F. Miller (Miller or plaintiff). Metropolitan argues that the plaintiffs appeal was untimely pursuant to Article I, Rule 4(a) of the Supreme Court Rules of Appellate Procedure and should, therefore, be dismissed. The plaintiff counters that the appeal was not only timely, but also that the order from which he appealed had merged into a previously appealed order and, therefore, the defendant’s…