In re Estate of Marshall, 78 Ohio App. 455

Summary

The court overruled the appellee's motion to dismiss an appeal from an estate proceeding based on the appellant's delayed filing of assignments of error, briefs, and a bill of exceptions. The court held that dismissal was unwarranted because the appellant had exercised due care and some alleged errors could be shown by the record without a bill of exceptions, and it granted additional time to file the assignments of error and brief.

Holdings

1. Dismissal was not required because Rule VII permits additional time when good cause is shown, and the court determined that appellant had exercised due care and was entitled to the approved extension.
2. The expiration of the time for filing a bill of exceptions did not, by itself, require dismissal because some assigned errors could be exemplified by the record independently of the bill of exceptions.

Questions Presented

1. Whether the appeal should be dismissed because appellant failed to timely file assignments of error and briefs under Rule VII.
2. Whether the expiration of the statutory period for filing a bill of exceptions required dismissal of the appeal.

Disposition

other