Leonard v. Arnold

At the outset, we are confronted with a motion by appellee to dismiss this appeal for failure of the appellant to timely “file with the clerk of this Court a designation of the parts of the record that he intends to include in the appendix.” Rule 5:36(a).

Since the entire proceedings conducted before the Industrial Commission are included in the appendix and appellee has not been prejudiced, we hold that the failure of the apppellant to designate “the parts of the record that he intends to include in the appendix” within the time required by the Rule is not jurisdictional. Hence, the motion to…