Kalauli Ex Rel. Kalauli v. Lum

This case is before us on Defendant-Appellee’s motion to strike Plaintiff-Appellant’s notice of appeal, which we treat as a motion to dismiss the appeal. The motion presents the question whether a timely notice of appeal was filed.

Following a jury verdict for Appellee, a motion for a new trial was filed and judgment was entered for Appellee pending the motion. The motion for a new trial was denied. Within the period provided by Rule 73(a), H.R.C.P., for filing of a notice of appeal, Appellant filed a motion for leave to proceed on appeal in forma pauperis, to which motion was attached an…