CAMPBELL, Judge.
On 13 April 1970 Judge Hasty denied petitioner's motion to dismiss respondent's appeal to the Superior Court, and petitioner gave notice of appeal to the Court of Appeals. Petitioner's record on appeal was docketed in this Court 15 July 1970. Rule 5 of the Rules of Practice in the Court of Appeals requires the record on appeal, absent an order extending the time, to be docketed within ninety (90) days after the date of the judgment or order appealed...
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