Estate of Moore v. Moore

This matter is before the Court on the Appellee’s Motion to Dismiss Appeal or Affirm Judgment, and the Appellant’s Motion to Strike Appellee’s Motion to Dismiss Appeal or in the Alternative to Affirm Trial Court’s Ruling Correcting Record Showing Praecipe filed as of July 5, 1972.

The Motion to Dismiss alleges that the praecipe was not timely filed as required by rule AP. 2(A).

The record of the proceedings herein reveals that the motion to correct errors was filed in the trial court on May 4, 1972, and overruled on June 28, 1972. The praecipe was filed on July 31, 1972, as evidenced by the…