Walker v. Scully

OPINION

Appellant Walker initiated an action in district court alleging medical malpractice. Respondent subsequently moved to dismiss for lack of prosecution. An order granting the motion and dismissing the complaint with prejudice was filed on February 4, 1981. The following day respondent served written notice of entry of the order. Appellant filed a motion for rehearing on February 9, 1981. On April 3, 1981, the district court denied the motion, and a notice of appeal was filed.

Our preliminary review of the record revealed that the notice of appeal was not filed within the thirty-day period…