State v. Redtop Market, Inc.

The State appeals from a judgment for Redtop Market, Inc. ("Redtop"), in the declaratory-judgment action filed by Redtop seeking a determination regarding the legality of certain video-gaming machines Redtop desired to place on its premises. The State's appeal, however, was untimely filed; therefore, the appeal must be dismissed.

Neither the State nor Redtop mentions the untimeliness of the appeal. However, their failure to raise it as an issue is immaterial.

"Even if [one of the appellees had] not pointed out the untimeliness of the appeal of [a] ruling, `[i]t is the duty of this Court to take…