Dalton v. FIRST STATE BANK OF WARREN

Appellee First State Bank of Warren requests that the Court dismiss this appeal because the record was not lodged in a timely fashion.

In Appellee’s suit to enforce a guarantee of a loan by Appellant, the circuit court granted summary judgment on January 17, 2008, reserving its decision on attorney fees until a separate judgment regarding the issue could be determined on April 23, 2008. Appellant filed its first notice of appeal on February 13, 2008, and a second notice of appeal on April 28, 2008. The record was tendered on June 11, 2008.

Appellee argues that failure to file the record within…