Schneider v. Vine Street Clinic

Plaintiffs appeal from an order of the trial court which dismissed plaintiffs’ amended complaint with prejudice under a written memorandum of findings that there was a failure to state a cause of action in terms of duty and proximate cause.

The order of dismissal was entered December 27,1978. The notice of appeal and proof of service of that notice each bear the circuit clerk’s stamped filing date of January 29, 1979. The 30th day for purposes of filing the timely notice of appeal is January 26, 1979.

Upon its own motion this court issued a rule to show cause why the appeal should not be…