Donahoo v. Kerns

SIMPSON, Justice.

This appeal is from a final decree rendered by the Circuit Court in Equity of Jefferson County.

The case is submitted on appellant’s motion to strike the transcript and on the merits. The motion to strike is grounded on the failure to timely file the transcript as required by Supreme Court Rule 37, as amended. The motion is well taken and of consequence the case cannot be considered on its merits.

Revised Rule 37 provides:

“In all cases, either civil or criminal, the transcript shall be filed with the *25clerk of this court within sixty days after the signing or establishing of the…