Atlantic-Canadian Corp. v. Hammer, Siler, George Associates, Inc.

Shulman, Chief Judge.

Appellee filed suit against appellant in October 1981. The case was called for trial on June 21, 1982, and when appellant failed to appear, judgment was entered for appellee. On August 4, 1982, appellant filed a motion to set aside the June 21 judgment or, in the alternative, for a new trial. That motion was denied by an order entered October 11,1982. Appellant then filed a notice of appeal on November 3,1982, specifying as the judgment from which the appeal was taken “the Judgment entered in this action on June 21, 1982.”

1. “ ‘It is not only the right but the duty of a…