Bardill v. Bird Well Surveys, Inc.

"CLAY, Commissioner.

■We are called upon to reconsider our former ruling dismissing this appeal for failure to file the record on appeal within the time prescribed by CR 73.08. Admittedly the record was filed several days late. Appellant contends that appellee waived compliance with the rule.

The record was filed on July 10, 19S7. Appellant filed his brief on July 22. On August 20 appellee filed its brief on the original appeal and on the cross-appeal which it had taken. ‘ The motion to dismiss for failure to file the record in time was not filed until September 16.

Upon the filing of appellee’s…