Stiehl v. Greene

The respondent filed a motion to dismiss the appeal upon the ground that the notice of appeal was not in proper form. The majority of the court has sustained the motion.

I dissent from the majority decision.

The appellant attempted to serve the notice of appeal on the respondent’s attorney at his office, but found the office locked and, apparently, no one present. Appellant then filed the notice of appeal and subsequently served respondent’s attorney at his residence at 7:00 p,m. The courthouse was closed by this time; so proof of service could not be affixed to the filed notice of appeal. All…