Appeals: WELCH V. VELTEN (SCOKY; 2/23/2006)

WELCH V. VELTEN
APPEALS – Time for Filing Cross-Appeal suspended pending motion to dismiss

2003-SC-001000-DG.pdf
PUBLISHED 
VACATING AND REMANDING
DATE: 2/23/2006

Supremes held that a party’s motion to dismiss an opponent’s appeal pursuant to CR 76.34(6) suspends the running of time within which that party may file a notice of cross-appeal, pending a ruling on the motion to dismiss.  Court held that any ambiguity in the rule as to the suspension of time should be resolved in favor of having appeals and cross-appeals decided on their merits.

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