Rex Realty Co. v. Howard's D. G. S., Inc.

HIGGINS, Justice.

The appellee filed a motion to dismiss the appeal on the ground that the order granting an extension of time within which to file the transcript was improvidently issued, because the appellant failed to apprise the court of the fact that the appellant’s negligence, carelessness, and indifference in filing the devolutive appeal bond was the sole and only reason why the transcript was not prepared timely.

The record shows that the plaintiff sued the defendant for the sum of $3,200, rep resented by a series of thirty-two notes, each for the sutn of $100, bearing 8 per cent,…