Excel Energy, Inc. v. Commonwealth Institutional Securities, Inc.

JOHNSTONE, Justice.

The Court of Appeals dismissed the appeal of Appellant, Excel Energy, Inc. (hereinafter “Excel”), against Appellees on grounds that the appeal was not timely filed. We granted discretionary review and affirm the Court of Appeals.

On October 30, 1998, the Jefferson Circuit Court entered an order granting summary judgment to R. Gene Smith, who was a defendant in a lawsuit styled Excel Energy, Inc. v. Commonwealth Institutional Securities, Inc. et al, Civil Action No. 95-CI-01090. Pursuant to CR 73.02, the last day Excel had to timely file a notice of appeal, from this decision…