Motors Insurance Corp. v. Fields

!PER'CURIAM.

This is a motion for an appeal from a $2,000 judgment of the Floyd Circuit Court.

Notice of appeal was not filed within 30 days of the entry of the order overruling motion for a new trial as required by subsections (1) and (3) of Section 73.02 of the Civil Rules. The trial court sustained the motion for additional time to file notice of appeal because of excusable neglect, the one exception to the otherwise mandatory time' limit. CR 73.02, subsection (1). We believe this was error.

The first of two grounds upon which the motion (for additional time) was based, that appellant was not…