Owens v. Vesely

PREWITT, Presiding Judge.

Defendant failed to appear at the time set for trial and a judgment was taken against her. She requested a writ of error coram nobis to set aside the judgment because she did not receive notice of the trial setting. The request was denied and she appealed. Plaintiffs filed a motion to dismiss the appeal contending that the notice of appeal was not timely filed. The motion was taken with the case and is now denied. The time for filing the notice of appeal would ordinarily have expired the day before the notice was filed. However, that day was a legal holiday and the…