Guiffre v. Montgomery Ward & Co.

MILLER, Judge.

Montgomery Ward & Co., Inc. and James L. Wilson moved to dismiss the devolutive appeal and in the alternative, answered the appeal. They contend that the appeal should be dismissed for the reason that they did not receive notice that the appeal was taken by Phillip P. Guiffre, M. D. and National Surety Corporation until May 4, 1970. On that day counsel for relator received notice from the Clerk, Court of Appeal, Third Circuit, that the transcript of the appeal was filed April 27, 1970.

All parties were notified that the trial court judgment was signed January 6, 1970. Dr. Guiffre…