Seaway Pipeline, Inc. v. Schwebel

Appellants have filed a motion to require the Clerk to file the transcript and statement of facts in this case and appellees have filed a motion to affirm the case on certificate. The question before the court is whether appellants’ failure to timely file a motion for extension of time to file the transcript and statement of facts precludes this court’s consideration of the motion.

Appellants’ amended motion for new trial was overruled by operation of law on September 3, 1976, and the transcript was required to be filed in this court on or before *314November 2, 1976. The appellants’ failure to…