Whitney v. Medeiros

By the Division.

After a trial in this action of contract, there was a finding for the plaintiff on November 19, 1974, notice of which was received in the office of counsel for the defendant on November 20, 1974. On November 21, 1974 the defendant’s counsel, who was then in California on vacation, telephoned his office and was informed of the finding for the plaintiff. At his direction, the defendant’s motion to extend time for filing draft report was filed on or about November 22, 1974. From the docket entries it appears that this motion was heard by the trial justice on December 20, 1974 and…