Lamar v. Marbury

The brief of appellant fails to set forth a proposition of law as required by Section 1(D), Rule V of the Rules of Practice of the Supreme Court, but does contain an “assignment of error” to which we confine our review. The assignment of error reads as follows: “The Court of Appeals erred in finding that the trial court’s ruling allowing the appeal and trial de novo pursuant to an oral motion under Civil Rule 60 B is an appealable order.”

In support, appellant argues a reversal of the judgment of the Court of Appeals essentially upon the basis that it must be assumed from the record that an…