Johnson v. Summers

The legal file in this cause discloses the following:

October 19, 1979 — Judgment in the case was entered on the 19th (but not filed until the 25th) finding the issues for defendant and against plaintiffs.

November 2, 1979 — Plaintiffs’ motion for new trial was timely filed. Rule 78.04, V.A. M.R.

November 9, 1979 — Plaintiffs’ motion for new trial was overruled.

November 26, 1979 —Plaintiffs’ notice of appeal, dated Wednesday, November 21, 1979, was filed.

This court has the duty ex mero motu to inquire into the timeliness of the notice of appeal because in the absence of a timely-filed notice…