Montfort v. Archer

DAVIS, Commissioner.

The appellees made timely motion in this court to dismiss the appeal on the ground that the appellants had failed to file a designation of record in the circuit court within ten days after filing the notice of appeal, as required by CR 75.01. Appellees relied on Timmons v. Allen, Ky., 449 S.W.2d 27.

On June 24, 1970, the court ordered the appeal dismissed. Upon reconsideration, pursuant to seasonable motion by appellants, the order of June 24, 1970, dismissing the appeal is being withdrawn and this opinion written to clarify the situation.

The notice of appeal was filed in…