Ewer v. Goodyear Tire & Rubber Co.

Respondent moves for dismissal of the appeal or in the alternative for an order striking the statement of facts.

A jury verdict was rendered in the instant case on April 1, 1969; appellant’s motion for judgment n.o.v. and alternative motion for new trial were denied and judgment on the verdict entered on April 22, 1969. Notice of appeal was filed within 30 days thereafter. The statement of facts was ordered from the court reporter 100 days after judgment was entered, after receipt by appellant of respondent’s present motion. The case was subsequently transferred from the Supreme Court to the…