Mears v. Mears

We do not reach the merits of this appeal; the motion to dismiss must be sustained.

The appellee moved this court to dismiss the appeal on the ground that the notice of appeal and assignments of error were not filed in the clerk’s office within the time specified by our Rule 5:1, § 4. That Rule proscribes the allowance of an appeal “unless, prior to the expiration of sixty days after final judgment, counsel files with the clerk notice of appeal and assignments of error.”

The final decree appealed from was entered in the Circuit Court of Accomack County on February 7, 1964. According to the…