Feinn v. Ilekis, 668A103

• Decision Date: 15 January 1970
• Docket Number: No. 668A103,668A103
• Citation: 147 Ind.App. 1,254 N.E.2d 337
• Parties: Louis S. FEINN and United States Fidelity and Guaranty Company, Appellants, v. Alfonsas ILEKIS and Theodora Ilekis, Appellees.
• Court: Indiana Appellate Court

Page 337

254 N.E.2d 337

147 Ind.App. 1

Louis S. FEINN and United States Fidelity and Guaranty

Company, Appellants, v. Alfonsas ILEKIS and Theodora Ilekis, Appellees.

No. 668A103.

Appellate Court of Indiana, In Bank.

Jan. 15, 1970.

Isadore D. Rosenfeld, South Bend, for appellants.

Carl M. Franceschini, Michigan City, for appellees.

PER CURIAM.

On October 2, 1969, the appellant, by counsel, filed a Motion to Reconsider the Rule of September 29, 1969, which said ruling of this court dismissed this appeal.

On March 28, 1969, the appellants herein mailed the transcript and assignment of errors, which was the last day upon which the transcript and assignment of errors could have been filed pursuant to Rule 2--2 of the Supreme Court.

In the case of Williamson v. Cazier (1969), Ind.App., 248 N.E.2d 43, this court had this question under consideration, and held that Rule 2--15A of the Supreme Court did not apply to the mailing of transcripts, but applied only to the mailing of briefs, petitions and motions.

This court is of the opinion that appellants' motion to reconsider the order of dismissal entered by this court on September 29, 1969, should be overruled, and the same is so ordered.

SHARP, SULLIVAN and WHITE, JJ., dissent without opinion.