JOHNSON v. MALONEY'S OF OLIVE HILL, INC.


569 S.W.2d 704 (1978)

Hugh JOHNSON, Appellant, v. MALONEY'S OF OLIVE HILL, INC., Appellee.

Court of Appeals of Kentucky.

August 4, 1978.


Attorney(s) appearing for the Case

Truman L. Dehner, Hogge, Blair & Dehner, Morehead, for appellant.

David O. Welch, Ashland, for appellee.

Before MARTIN, Chief Judge, and HAYES and HOWARD, JJ.


MARTIN, Chief Judge.

This case is now before the Court on the appellee's motion to dismiss filed June 22, 1978. The stated basis of the motion is appellant's failure to file a timely designation of record in accordance with CR 75.01. The appellant has not responded to the motion.

It appears from the record before us that appellant filed a notice of appeal on June 2, 1978. A designation of record was filed on June 13, 1978. This was one day beyond the ten days...

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