Pittman v. Presley Electric Co.

Eberharot, Judge.

Presley Electric moves to dismiss the appeal, contending that the notice of appeal was not timely filed. The basis of the contention is that plaintiff’s amendment did not conform to the order of January 31 and the petition therefore stood dismissed as of February 20, the automatic dismissal date on failure to amend.

The motion is denied. In a case where leave is granted to amend within a specified time to meet the objections raised in demurrers which were sustained, in default of which the action shall stand dismissed, if the party chooses not to amend, then *24the automatic…