Culver v. Sisk

Frankum, Justice.

This case is here on appeal from a judgment of nonsuit. The notice of appeal was filed in the office of the clerk of the trial court on May 17, 1966. The transcript of the evidence was filed on September 30, 1966. No order extending the time for the filing of the transcript was taken.

Since no application was made to the trial judge for an extension of time for the filing of the transcript of the evidence and no extension was granted, the appellee’s motion to dismiss the appeal because the transcript was not filed within 30 days after the notice of appeal was filed must be…