Melton v. Schwinger

ON MOTION TO DISMISS

Appellees have moved to dismiss this appeal because of lack of jurisdiction. It is their position that the notice of appeal was untimely filed. The issue turns on whether the motion for new trial was timely served. Appellants admit that on the face of the documents it appears that the notice was filed on the 11th day. They assert, however, that there are three reasons why their notice for new trial was, in fact, timely filed.

First, they contend that since Appel-lees moved to strike their motion as being untimely but the court instead denied it on the merits, a valid order…