Echizenya v. Armenio

ON MOTION TO DISMISS

This matter is before us on appellees’ timely filed motion to dismiss the appeal. These facts are not in dispute:

The suit is for personal injuries resulting from an alleged tort. Plaintiff timely appealed from an adverse judgment which dismissed his suit. August 13,1976 was the return day set in the order of appeal. Three extensions of the return day were obtained by the deputy clerk, the first two from the trial court and the third (on December 9, 1976) from a judge of this court. The last extended return day was January 13, 1977. The trial court costs were paid January…