Horton v. Western Contracting Corp.

Felton, Chief Judge.

At the time the notice of appeal was received by the clerk of this court the rule of this court was mandatory that the clerk give appellant notice of the docketing of the case. Since such notice was mandatory the case was not docketed until the notice was mailed by the clerk. In this case the clerk gave no notice, by mailing it or otherwise, so at the time of appellant’s request for additional time the case had not been docketed because no notice was given. Under such circumstances the time for filing the brief and enumeration of errors had not expired and this court had…