Holton v. Holton

In this case the respondent has moved to dismiss the appeal because the appellant failed to serve upon respondent a designation of record within the time and as required by Rule 75(a) U. R. C. P., although the designation of record was filed with the district court.

Rule 73(a) makes this failure to serve a designation of record on the respondent non-jurisdictional, but also gives this court the right and discretion to provide a remedy, including dismissal of the appeal.

Although the New Rules of Civil Procedure were intended to provide liberality in procedure, it is nevertheless expected that…