Clark v. Rosemond

BOUTALL, Judge.

Our examination of this record revealed that the appeal was untimely filed, indicating a lack of jurisdiction of this court, and we issued on our own motion a rule to show cause why the appeal should not be dismissed.

The record shows that one of the defendants, Select Insurance Company, filed a motion for summary judgment which was tried on September 2, 1977 resulting in a judgment of dismissal of the suit against Select Insurance Company on September 27, 1977. On August 22, 1978, some eleven months later, the plaintiff filed a motion for a new trial, which after hearing, was…