Smilanich v. Bonanza Air Lines, Inc.

OPINION

This matter is before us on motion to dismiss the appeal upon the ground that it was not taken within 30 days of judgment as provided by Rule 73(a) N.R.C.P.

Summary judgment in favor of respondent was entered by the trial court on April 25, 1955. Notice of that judgment was served on appellant April 26, 1955. On May 18, 1955 appellant filed a motion for relief from final judgment under Rule 60 (b) N.R.C.P. On June 24, 1955 the motion was denied by order of the trial court. Notice of appeal from judgment and order was filed July 25, 1955.

Clearly the appeal from summary judgment was not…