Grise v. Warrick

OPINION

By HORNBECK, J:

At the outset we find a motion of the appellees to dismiss the appeal because it is not perfected within the time provided by §12223-7 GC.

The appeal questions the right and authority of the Common Pleas Court to charge expenses or allow attorneys’ fees in the partition proceeding which eventually was dismissed by the plaintiffs. The basis of the motion is that the notice of appeal was not filed within the time prescribed by statute because not filed within twenty days after the judgment entry, although, concededly, it was filed within twenty days after the overruling of…