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HOGAN v. CHESTERMAN

No. 61753.

279 N.W.2d 12 (1979)

Lloyd HOGAN, Appellant, v. Roger CHESTERMAN, Appellee.

Supreme Court of Iowa.

May 30, 1979.

Attorney(s) appearing for the Case

Randal J. Nigg of Reynolds, Kenline, Breitbach, McCarthy, Clemens, McKay & Naughton, Dubuque, for appellant.

Michael J. Coyle of Fuerste, Carew, Coyle, Juergens & Sudmeier, Dubuque, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, ALLBEE and LARSON, JJ.

HARRIS, Justice.

The question is whether jurisdiction for an untimely appeal can be preserved by an undisclosed stipulation of the parties. The answer is no. Loss of jurisdiction flows automatically from the passage of time. Courts cannot function, nor retain jurisdiction, on the basis of understandings among the litigants. The appeal must be dismissed.

Suit was started July 30, 1975, for damages as the result of...

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