Whitehead v. Norman Kaye Real Estate Co.

OPINION

Respondent moved to dismiss the appeals herein upon the ground that the notice of appeal was not timely filed.

After the action was at issue, respondent moved the lower court for summary judgment, basing its motion “upon the affidavit of Irwin Sadur, Vice President of Plaintiff corporation, the papers, pleadings, and records on file.” Appellant filed an affidavit in opposition to said motion. After a hearing, the court granted the motion and ordered judgment entered in favor of respondent. Judgment was entered accordingly. On April 6, 1964 written notice of entry of the judgment was…