Ovestco Corp. v. Bowen

I respectfully dissent from the dismissal of this appeal. The notice of appeal was filed on November 1, 1993> stating that “a transcript of evidence and proceedings will be filed.” Although there was a hearing, it apparently was not transcribed, and appellants mistakenly requested the filing of a transcript. Appellees filed a motion to dismiss the appeal on February 2, 1994. Appellants then requested immediate transmittal on February 9, 1994. The trial court granted the motion to dismiss on March 24, 1994, after docketing of this appeal. It is not disputed that costs were paid on November 5,…