Calvin v. State Department of Hospitals

TUCKER, Judge.

ON MOTION TO DISMISS APPEAL

The defendant-appellee, State Department of Hospitals, has moved to dismiss this appeal on the ground that the plaintiff-appellant, JOSEPH L. CALVIN, failed to perfect his appeal by timely filing bond for costs in favor of the State- Civil Service Commission under Sec. 4 of Rule XVI, Uniform Rules of the Courts of Appeal.

The appellee’s position is correct, and the appellant’s oversight is fatal to his right of review.

Although appellant admits his failure to file the bond within the time prescribed by law, he contends that this late filing should not…