Foster v. State ex rel. Department of Correction

LOTTINGER, Judge.

ON MOTION TO DISMISS

This Court ex proprio motu issued a show cause order on April 5, 1978, as to why this appeal should not be dismissed for the un*233timely filing of a motion to appeal in a forma pauperis proceeding.

The record reveals the following chronology of events, to wit:

April 20, 1977 minute entry:

“Whereupon, for oral reasons assigned, judgment was rendered in favor of defendants and against the plaintiff dismissing plaintiff’s suit. Plaintiff at this time informed the Court of his intention to appeal this case and permission was granted by the Court to continue in…