Lawrence Bros., Inc. v. RJ" Bob" Jones Excavating Contractor, Inc.

I would deny the motion to dismiss. This is the second time this precise issue has been presented to the court in fairly short order. See Cason v. House, et al., motion for rule on the clerk denied (94-759 October 3, 1994) (3 justices dissenting) (1 justice not participating). In Cason, the issue also was whether a notice of appeal filed in timely fashion with regard to the judgment, but after a post-judgment motion, was effective to appeal that judgment. The Supreme Court Clerk had refused to lodge the appeal because the notice of appeal was filed after a post-judgment motion, though within…