Brown v. Harris

CLAY, Commissioner.

This action is before us on appellee’s motion to dismiss the appeal. This motion must be sustained because the appeal was not taken within the time prescribed by CR 73.02(1).

A final judgment was entered June 4, 19S8. A motion for a new trial was timely filed by appellant, which terminated the running of the time for appeal. An order overruling the motion was entered June 20.

On August 29 appellant filed a notice of appeal. On September 18, because notice had not been given of the June 20 order, the court vacated such order and re-entered it as of September 18. The following…