Webster v. City of Cool Valley

KAROHL, Chief Judge.

On March 19, 1991, plaintiff, Terry Webster, filed a petition for replevin which was dismissed on July 2, 1991, as being barred by the statute of limitations. Plaintiff appeals after the denial of his motion for new trial. Because the notice of appeal was untimely we dismiss the appeal for lack of appellate jurisdiction.

On July 19, 1991, plaintiff filed a motion for new trial styled a motion to vacate and reopen the judgment. The court overruled the motion on October 21, 1991. Plaintiff filed a notice of appeal on November 12, 1991.

It is our duty to determine sua sponte…