Lugar v. State ex rel. Lee

OPINION DISSENTING IN PART; CONCURRING IN PART

Part 1(A) of the court’s opinion holds that the petition for extension of time which appellants filed on January 28,1976, one day before their time for filing their brief was to expire on January 29,1976, was timely filed. With that part of the court’s opinion, and only that part, I cannot agree.

In pertinent part Appellate Rule 14(A), which makes provision for extensions of time, requires that: “Except in appeals from interlocutory orders [which this is not], petitions for extensions of time shall be filed at least five days before the expiration…