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H.D. EDGEMON CONTRACTING CO. v. KING

803 S.W.2d 220 (1991)

H.D. EDGEMON CONTRACTING COMPANY, INC., Plaintiff-Appellee, v. Walter H. & Katherine KING, Defendants-Appellants.

Supreme Court of Tennessee, at Chattanooga.

January 14, 1991.

Attorney(s) appearing for the Case

William T. Alt, Chattanooga, for plaintiff-appellee.

Ronald J. Berke, Berke, Berke & Berke, Chattanooga, for defendants-appellants.

OPINION

DROWOTA, Justice.

The Defendants Walter and Katherine King filed in the Court of Appeals a motion to dismiss the appeal, pursuant to Rule 26(b), Tennessee Rules of Appellate Procedure (T.R.A.P.), because the statement of the evidence and brief were not filed within the time allowed by Rule 24(c) and Rule 29(a), T.R.A.P.1 The Court of Appeals, relying on this Court's opinion in Davis v. Sadler,

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