Bruns v. Muniz

The respondents Muniz and Liberty Mutual Insurance Company move to dismiss the appeal upon the ground that the appeal was not timely taken. According to the respondents, the appellant had 45 days after January 2, 1980, the date of entry of judgment, to file his appeal, and he failed to do so. The notice of appeal was filed in the trial court on February 22, 1980.

The appellant contends that the actual date of entry of judgment was either December 29 or 31, 1979, and thus the notice of entry of judgment served January 22, 1980, was not served within 21 days of the date of entry of judgment as…