Ford Motor Co. v. Averill

BOYER, Judge.

Appellant, defendant in the trial court, filed this interlocutory appeal seeking review of an amended order granting a motion for rehearing and denying a motion to dismiss counts two and three of the plaintiff’s complaint. Prior to the filing of any briefs and prior to the filing of any record as required by Rule 4.2 d, but after this court has entered an order granting a motion extending the time for the filing of same, appellee filed herein a motion to dismiss the appeal on the basis that appellant’s brief had not been timely filed and on the further ground that the…