Thomas R. Richards v. Raymond J. Dunne

The court below on June 4, 1963, entered an order granting the defendant’s motion to dismiss “ * * * with leave to the plaintiff to amend within twenty days (20) stating the claim attempted to be set forth in paragraph 6 of the present Complaint.” Twenty-two days later on June 26, 1963, the plaintiffs filed notice of appeal “from so much of the Order of June 4, 1963, as dismisses” the plaintiffs’ complaint for a different cause of action from that attempted to be asserted in paragraph 6.

The appeal must be dismissed as untimely. There has been no compliance with the requirements for…