Newland v. Fossey

HATHAWAY, Judge.

The appellees (defendants below) have moved this court to dismiss this appeal on the ground that we are without jurisdiction to consider the matter. Their basis for raising the jurisdictional question is the appellant’s failure to timely file a bond for costs on appeal. The notice of appeal was filed within 60 days from the entry of the trial court’s order denying appellant’s motion for a new trial but the required cost bond was not filed until sixty-six days subsequent to the entry of -the order.

Affidavits filed with appellant’s response to the motion indicate that the…