Booth v. Utica Mutual Insurance

The order of the Court of Appeals dismissing the plaintiffs appeal dealt solely with a procedural issue, ie., whether the plaintiff properly gave notice of appeal. The Court of Appeals has never considered the substantive issue raised in the plaintiffs brief before that court concerning the granting of the motion of defendant-appellee for summary judgment nor do we. The only issue presented before this Court is the propriety of the Court of Appeals’ order dismissing plaintiff-appellant’s appeal. The record on appeal clearly shows that the plaintiff-appellant failed to give timely notice of…