Whitehead v. Fireman's Fund Insurance Co.

MOTION TO DISMISS

STOKER, Judge.

Plaintiff-appellee, Gail 0. Whitehead, moves to dismiss the appeal of defendant-appellant, Fireman’s Fund Insurance Company, alleging that the appeal was taken untimely.

Appellee asserts that the time limits for filing a motion for an appeal expired before appellant filed its appeal. The appeal is from the trial court’s granting of summary judgment in appellee’s favor. This judgment was rendered in open court on October 5, 1987, but was not signed until October 9, 1987.

When no motion for a new trial is made with the trial court, the delays for taking a suspensive…