Turken Plumbing Co. v. Seven Trails West Co.

Appellants’ motion for a new trial was denied on July 13, 1972. The notice of appeal was filed on July 21, 1972. On December 21, 1972, 153 days after that filing, the trial court issued a “nunc pro tunc order” granting appellants an additional 90 days to file their transcript on appeal. That order fails to indicate a finding of excusable neglect and appears to have been issued ex parte. Appellants filed the transcript on January 15, 1973. On January 31, 1973 the respondent filed a motion to dismiss because of the failure of the appellants to comply with the rules relative to the filing of a…