Opinion
No. 79-025
Decided May 23, 1979
1. Appeal and Error — Reserved and Transferred Cases Where defendants' motion to set aside verdict of trial court was denied on August 1, 1978, defendants' proposed reserved case, filed with clerk of superior court on September 5, 1978, was properly denied because of a failure to appeal in a timely manner. Super. Ct. R. 74.
2. Costs — Double Costs Double costs, but not attorney's fees, would be awarded to plaintiffs in equity proceeding arising out of dissolution of law partnership in which defendants' proposed reserve case was denied because of a failure to appeal in a timely manner. RSA 490:14-a (Supp. 1977).
Orr Reno, of Concord (Ronald L. Snow, by brief), for plaintiffs.
Baker Page, of Lebanon (Ridler W. Page, by brief), for defendants.
MEMORANDUM OPINION
[1, 2] This is an equity proceeding arising out of the dissolution of a law partnership. The matter was heard by a Master (E. Paul Kelly, Esq.), who ruled favorably to the plaintiffs and his orders were approved by the trial court. The defendants filed a motion to set aside the verdict. The motion was denied on August 1, 1978. Defendants then filed a proposed reserved case with the clerk of the Grafton County Superior Court on September 5, 1978, contrary to the time limitations of Superior Court Rule 74. The Trial Court (Johnson, J.) denied the reserved case under the authority of R. J. Berke Co., Inc. v. J. P. Griffin, Inc., 118 N.H. 449, 388 A.2d 1260 (1978), because of a failure to appeal in a timely manner. The court correctly applied the rule of that case. Double costs, but not attorney's fees, are awarded to plaintiffs pursuant to RSA 490:14-a (Supp. 1977). See Wright v. Wright, 119 N.H. 102, 398 A.2d 837 (1979).
Exceptions overruled.