CORNELIUS, Chief Justice.
Appellant has presented to us a transcript and a motion to allow its late filing. The record reveals that the judgment below was rendered on December 14, 1977. Motion for new trial was filed on December 20, 1977, and was originally set for determination by the court on January 27, 1978. The motion was not acted upon at that time, however, and on February 3, 1978, being the 45th day after the filing of the motion for new trial, appellant and...
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