Germann Bros. Motor Transp., Inc. v. Flora

DUNCAN, Justice.

By an order entered on a former day of this term, the original appeal was dismissed because the record was not filed in this Court within ninety days after May 5, 1953, the date upon which the judgment was ostensibly entered and signed by Ae lower court. KRS 281.785(4). Subsequent to the filing of the original record in this Court, the appellants moved the lower court for a correction of the judgment to show that it was actually signed on May 6, 1953. As computed from the latter date, the appeal here is in time.

The lower court, reciting in its order that it “lost control of…