Smith v. North American Co. for Life, Accident & Health Insurance

ON MOTION TO DISMISS APPEAL

MILLER, Judge.

Defendant appellee relator Insurance Company moved to dismiss plaintiff Wilson Smith’s appeal because it was perfected too late. Plaintiff responded by moving to remand contending that the trial court judgment was not signed in open court and that the delays for appeal have not yet commenced because the judgment was not read and signed in open court. We dismiss the appeal.

Plaintiff’s claim in the amount of $436 was rejected for written reasons assigned May 10, 1972. The judgment was approved as to form by plaintiff’s counsel and contains the statement…