Strate v. Strate

Dissenting Opinion

White, J.

If this appeal is from the judgment rendered on August 13, 1969, it is too late and must be dismissed. The transcript was filed October 30, 1970, more than ninety days after the rendition of that judgment. Since no motion for new trial was timely filed (i.e., within ninety days of the date of judgment) and no request for additional time was made to this court, the time for taking the appeal was not extended. Old Rule 2-2; Carper v. Peter & Burghard Stone Co. (1937), 104 Ind. App. 191, 8 N. E. 2d 1020.

If appellee’s motion to dismiss this appeal had shown us that the…