Barnes v. Cissna
Plaintiff sued defendant and appellant Robert Cissna (Cissna) for specific performance of a contract concerning the sale of real property. A default judgment was entered against Cissna and Cissna now appeals. Barnes has filed a motion to dismiss the appeal as untimely filed. Cissna claims that, despite the fact the record contains a copy of a proof of service of notice of entry of judgment, he had no actual knowledge of the default judgment until shortly before he filed his notice of appeal. This being the case, he insists that the limitations period for filing a notice of appeal is inapplicable. The motion to dismiss is granted.
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