Kittle v. Owen

Swinehart, J.:

The appellants appeal an adverse ruling at the trial level. They had sued for damages for breach of a real estate contract. They had also asked that the broker be denied recovery of his fee.

The matter was tried in the district court on November 8, 1976. The journal entry of judgment was filed on December 30, 1976. Two days before the journal entry was filed, on December 28, the appellants filed a motion for a new trial. That motion was denied by the trial court in a journal entry dated January 5, 1977. The notice of appeal was received and filed by the clerk of the district…