Pettit v. Engelking

(dissenting) .

It is my opinion this cause should be dismissed for want of jurisdiction and I therefore dissent from the majority opinion.

The final judgment herein was rendered on December 17, 1952, and no motion for a new trial was filed within the ten-day period allowed by Rule 330(k), T.R.C.P., nor was notice of appeal given within this ten-day period, as is required by Rule 353, T.R.C.P. Thus, upon December 27, 1952, appellant had lost her right to appeal from the only final judgment ever entered in this cause. The question then arises, is there anything that a party may do thereafter to…