Spencer v. Miller

This cause is pending before the Court on the appellee’s Motion to Dismiss or Affirm, which alleges that the praecipe in this cause was not filed within thirty days after the trial court’s ruling on the motion to correct errors.

An examination of the record reveals that the motion to correct errors was filed on November 10, 1972, and overruled on November 14, 1972. The praecipe was not filed until December 26, 1972.

*463Since the motion to correct errors was filed after April 1, 1972, Rule AP. 2 applies. Said rule provides as follows:

“An appeal is initiated by filing with the clerk of the trial…