State ex rel. Tyler v. Alexander

Appellee argues that we have no jurisdiction over this appeal because the notice of appeal was not timely filed in the court of appeals. We agree.

Section 1(A), Rule I of the Supreme Court Rules of Practice plainly states: “The notice of appeal from a Court of Appeals must be filed in the court from which the case is appealed within thirty days from the entry of the judgment * * * appealed from * * Thirty days after December 29, 1989 was January 28, 1990. However, as that day was a Sunday, Tyler’s notice of appeal was due on January 29. See Rule XI, Supreme Court Rules of Practice.

Tyler…