Calabrese v. ZEAGER

OPINION BY

FORD ELLIOTT, P.J.:

¶ 1 Appellants, John J. Calabrese and Deborah J. Shirk (“Calabrese and Shirk”), appeal the judgment entered in favor of appellee, P. Thomas Zeager (“Zeager”), on March 23, 2007, pursuant to a complaint filed by Calabrese and Shirk which alleged that Zeager breached a Sanitary Sewer Easement and Sewage Treatment Agreement (“the Agreement”). Finding that *1152Zeager did breach the Agreement, we reverse.

¶ 2 Preliminarily, we must address the facially untimely filing of the notice of appeal. Calabrese and Shirk filed their notice of appeal on May 2, 2007, forty days after…