Johnson v. Johnson

MOISE, Justice.

This case was originally dismissed on this court’s motion for failure of appellants to give timely notice of appeal as required under the March 15, 1961 amendment of Supreme Court Rule 5(5) (§ 21-2-1(5), N.M. S.A.19S3). 74 N.M. 34, 390 P.2d 275. A motion for leave to appeal had been filed before thirty days after entry of final judgment, but the notice of appeal, although dated earlier, was not filed until after expiration of thirty days. On motion for rehearing, appellant argued that because of counsel’s usual office practice of mailing notices immediately upon filing of…