McCoy v. CARTER JONES TIMBER CO.

Appellants, Robert McCoy and Mary Domineck McCoy, by and through their attorney, have filed a motion for rule on clerk.

Judgment was entered in this case on October 13, 2006, and a timely notice of appeal was filed on December 8, 2006. Because the record could not be completed before the expiration of the ninety-day period from the date of the first notice of appeal, a motion for extension was filed on March 13, 2007. However, the circuit court denied the motion for being untimely. The motion for extension was not filed with the circuit clerk before the expiration of the ninety-day deadline…