Young v. Cole

With tenacity, respondent renews in her brief her previous motion to dismiss the appeal on the ground that it was not timely filed. The record shows appellant’s motion to set aside a default judgment was overruled in the trial court on November 17, *6261975. Appellant then normally had ten (10) days to file his notice of appeal, and he filed it on November 28, 1975, eleven (11) days after the date of judgment entry under Rules 81.04 and 81.05. Respondent fails to note that the tenth day, November 27,1975, was a legal holiday, Thanksgiving Day, which under Rule 44.01 is not to be included in…