Johnson v. Maloney's of Olive Hill, Inc.

MARTIN, Chief Judge.

This case is now before the Court on the appellee’s motion to dismiss filed June 22, 1978. The stated basis of the motion is appellant’s failure to file a timely designation of record in accordance with CR 75.01. The appellant has not responded to the motion.

It appears from the record before us that appellant filed a notice of appeal on June 2, 1978. A designation of record was filed on June 13, 1978. This was one day beyond the ten days allowed by CR 75.01. It is apparent, therefore, that there was no timely designation of record. This brings us to a consideration of the…