Rodgers v. Henderson

OPINION AND ORDER DENYING MOTION TO DISMISS

LESTER, Judge.

The appellee has moved to dismiss this appeal because the appellants failed to file a timely notice of appeal pursuant to CR 73.02(l)(a), (b). Appellants have responded that the notice is timely filed.

Final judgment was entered in this case on December 10,1979. It was mailed to the appellants’ attorney, but never received by him. It was not until January 15, 1980, that the appellants’ attorney learned of the entry of the judgment, and immediately moved on that date pursuant to CR 73.-02(l)(b) for an extension of time to file the notice.…