Lemke v. Albright

I respectfully dissent from the majority opinion.

I would dismiss the appeal by plaintiff, from a judgment in favor of defendants on their counterclaim, as not being timely filed under our present rules of appellate procedure.

I. Procedural facts. Final judgment in favor of defendants on their counterclaim *523was entered on June 19, 1984. On June 29 plaintiff timely filed a motion for new trial. Iowa R.Civ.P. 244, 247. On August 6, plaintiff filed a notice of appeal before the district court had ruled on plaintiffs motion for new trial.

II. Applicable rules and cases concerning timeliness of…