321 S.W.2d 781 (1959)

George BROWN, Appellant, v. Edward W. HARRIS, Jr., Appellee.

Court of Appeals of Kentucky.

March 6, 1959.

Attorney(s) appearing for the Case

Joe G. Leibson, Leibson, Leibson & Leibson, Louisville, for appellant.

Norman Curtis, Louisville, for appellee.

CLAY, Commissioner.

This action is before us on appellee's motion to dismiss the appeal. This motion must be sustained because the appeal was not taken within the time prescribed by CR 73.02(1).

A final judgment was entered June 4, 1958. A motion for a new trial was timely filed by appellant, which terminated the running of the time for appeal. An order overruling the motion was entered June 20.

On August 29 appellant filed a notice of appeal. On September...

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