Culpepper v. Britt

SUA SPONTE ORDER OF DISMISSAL

The appellees have raised in their brief the issue of the timeliness of the appeal in this case. Upon consideration of this issue sua sponte and prior to oral argument, we conclude that the appeal is, in fact, untimely, and we therefore dismiss.

The jury verdict for the appellees was dated January 21, 1982, and was filed on January 26,1982. On January 29,1982, the appellees filed a motion to tax costs that was served the previous day.

On February 9, 1982, the trial judge entered a “final judgment pursuant to the jury verdict” which was filed on February 11, 1982.…