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CONTINENTAL CAS. CO. v. NOVY

No. 3-779A185.

397 N.E.2d 294 (1979)

CONTINENTAL CASUALTY COMPANY, Defendant-Appellant, v. Charles A. NOVY, M.D., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied February 5, 1980.

Attorney(s) appearing for the Case

Thomas S. Locke and James Federoff, Donald R. Clifford, Fort Wayne, for defendant-appellant.

William E. Borror, Hunt, Suedhoff, Borror, Eilbacher & Lee, Fort Wayne, for plaintiff-appellee.

OPINION ON MOTION TO DISMISS

GARRARD, Presiding Judge.

This case is before us upon the motion of appellee (Novy) to dismiss the appeal or, in the alternative, summarily affirm the judgment of the trial court. The ground advanced is that appellant, Continental, failed to file a praecipe to initiate the appeal within the time prescribed by Indiana Rules of Procedure, Appellate Rule 2(A).1

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