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RODGERS v. BERRY

346 S.W.2d 43 (1961)

Robert Lee RODGERS, by his next friend, Emma Mae Rodgers, Appellant, v. Willie Lee BERRY, Appellee.

Court of Appeals of Kentucky.

April 28, 1961.

Attorney(s) appearing for the Case

H. Solomon Horen, Harry F. Malone, Louisville, for appellant.

J. W. Clements, Louisville, for appellee.

CULLEN, Commissioner.

The Court is sustaining the appellee's motion to dismiss this appeal on the ground that the notice of appeal was not filed in time.

The judgment was entered on April 15, 1960. Motion for a new trial was filed by the plaintiff on April 22, within the 10-day period allowed by CR 59.02. The motion was overruled on June 9. On June 20 the plaintiff filed a motion for reconsideration and vacation...

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