Lewis v. Burglass

WESTERFIELD, Judge.

We granted a rehearing in this case to consider the contention raised by appellant that appellee had waived, the right to file a motion to dismiss the appeal, which contention he raised for the first time in his brief in support of his application for rehearing.

The basis of the contention is the admitted fact that, when the case was first called for trial in this court, an application for continuance was made on behalf of appellee. The argument is that any appearance on behalf of an appellee will constitute a waiver on his part of the right to move for the dismissal of an…