Dr. Pepper Bottling Co. v. Ricks

MONTGOMERY, Judge.

Dr. Pepper Bottling Company, Inc., and its truck driver, J. L. Holmes, have appealed from a judgment awarding damages to Myrtle Ricks and her husband, John Ricks, in the respective sums of $6,000 and $1,000 arising from an auto collision. Before examining the grounds for reversal of the appeal, two motions to dismiss the appeal must be considered.

The appeal is attacked because Myrtle Ricks was not named as an appellee in the body of the statement of appeal as provided by RCA 1.090. In the caption of the statement, “Myrtle Ricks and husband, John Ricks” are designated as…