Motorists Mutual Insurance Co. v. Mercer

VANCE, Commissioner.

The issue to be determined herein is the motion of the appellees to dismiss this appeal for the reason that the appellant failed to designate the record on appeal within ten days after filing the notice of appeal.

A notice of appeal from the final judgment of the Garrard Circuit Court in this action was filed by the appellant on October 6, 1970. The designation of the record on appeal was filed in the office of the circuit court clerk and served upon opposing counsel on October 19, 1970.

Appellees have filed a motion to dismiss the appeal for failure of appellant to comply…