Allen v. United Supermarkets, Inc.

REYNOLDS, Justice.

This appeal is from a summary judgment rendered in favor of defendant in a “slip and fall” case. Initially we are confronted with appellee’s motion to dismiss the appeal and affirm the trial court’s judgment on certificate. The motion’s premise is that this court lost jurisdiction of appellants’ appeal when the transcript was not timely filed. Notice of the motion was given and hearing thereon was set for the same time the case was submitted on its merits.

Summary judgment was entered on September 1, 1970. 1 Notice of appeal was timely given and an appeal bond was timely…