Spicer Fuel Co. v. Padgett

The plaintiff has moved to dismiss an appeal of the named defendant on the ground *269that it was not taken within the time allowed. The entries in the docket of the trial court show the following facts: On February 21, 1962, the court rendered judgment for the plaintiff; on February 22, 1962, “Judgment file prepared and mailed out”; on March 10, 1962, “Defendant’s appeal filed”; and on March 13, 1962, plaintiff’s motion to dismiss the appeal was filed.

Under the appellate procedure prescribed by the rules of the Circuit Court, a party appealing must file his appeal within two weeks from “the…