American Tile & Terrazzo Co. v. Keiler

SAMUEL, Judge.

This matter is before us on a motion filed by the plaintiff-appellee to dismiss a suspensive appeal on the ground that the defendant-appellant failed to make timely payment of the cost of appeal, particularly the filing fee.

Appellant filed an opposition to the motion to dismiss alleging he was not advised, of the extended return date until September 15, 1966 and on that date mailed a check. *744for $25 to the clerk of the district court to cover the filing fee. Both litigants were given additional time in which to furnish this court with documentary evidence. From the record as it…