Smith v. Hobbs

Benham, Judge.

Appellants filed an action in quia timet, seeking to establish title to 39.76 acres of land. Adopting the report of the special master, the trial court entered a judgment adverse to appellants on February 27, 1987. Appellants’ motion for rehearing, filed June 15, 1988, was denied on June 28, 1988, and appellants filed a notice of appeal to the Supreme Court and a motion for out-of-time appeal on December 19, 1988. Appellees sought dismissal of appellants’ appeal on the ground that the notice of appeal was untimely and, after a hearing, the trial court dismissed the appeal,…