Brown v. Brown

On March 24, 1969, the trial court sustained numerous exceptions to appellant’s pleadings in the form of a bill of review; and, when appellant declined to amend, judgment was entered dismissing the suit. No notice of appeal was incorporated in the judgment. Thereafter, appellant filed a notice of appeal which bore a handwritten date in the body of the motion “April 2, 1967”, but the instrument was not received and filed until April 9, 1967, more than ten days after the entry of the judgment. Our clerk failed to notice the file mark, and, relying upon the handwritten date, filed the record.…