Fritz v. Foote

Defendant appeals from a judgment declaring that a parcel of real property is owned by defendant, plaintiff, and another, each having an undivided one-third interest. By supplemental briefs filed at the court’s request, the parties have argued the question of the timeliness of the notice of appeal.

Since the notice was filed more than 60 days after entry of judgment, it was too late (Rules on Appeal, rule 2), unless the time was extended by the filing of a valid notice of intention to move for a new trial (rule 2(a)). To be “valid” within the meaning of that rule, the notice of intention must…