Viall v. Triangle Electric, Inc.

TEIGEN, Judge.

The respondents have moved to dismiss an appeal from a summary judgment on the ground of delay in the prosecution of the appeal.

The chronology of salient events appears as follows: Summary judgment dismissing the appellants’ complaint was entered on April 27, 1972, and a notice of appeal, cost bond and specifications of error were timely served and filed on May 19, 1972. No further steps were taken by the appellants until September 8, 1972, at which time they obtained an ex parte order from the trial court extending the time in which to complete the record on appeal to and…