Chase v. Glynn

Opinion

THE COURT.

Plaintiff has made a motion to dismiss defendant’s appeal upon the ground that the notice of appeal was untimely.1

The following facts appear: judgment was entered March 30, 1973, and notice of entry of judgment was mailed to counsel the same day.

There was a motion for new trial, which was denied by a minute order filed May 15, 1973. Notice of entry of this order was mailed by the clerk the same day. The clerk’s certificate which accompanied the motion to dismiss states simply that “said motion was denied May 15, 1973.” We have examined the minute order in the superior court…