Abell v. Meguire

CLAY, Commissioner.

We have before us a motion to dismiss this appeal. In sustaining the motion we are writing this opinion to reiterate the reasons for our disapproval of a practice which constitutes a clear violation of the Rules of Civil Procedure.

The ground of appellee’s motion to dismiss is that appellants, after taking an appeal, did not “promptly” serve upon ap-pellee and file with the circuit court a designation of the record as required by CR 75.01. The pertinent steps taken in the case are as follows:

September 15, 1965, judgment entered.

October 12, 1965, notice of appeal filed.

Novembe…