Desmond v. J. W. Hancock Enterprises, Inc.

HAYS, Justice.

This suit arises out of a demand for specific performance of a contract for the construction and sale of a house. Appellants’ case was dismissed at the trial level for failure to timely file an amended complaint. Appellees moved for dismissal of this appeal as untimely but the Court of Appeals denied that motion by written order, August 28, 1978. The order refers to a previous decision of this court but does not explain the applicability of that decision to the particular facts of this case.

In briefs to the Court of Appeals, appellees again urged that the lack of a timely appeal…