EDWARD G. YALLAH and TOLOUN YALLAH, Movants/Appellees, v. LAMCO J. V. OPERATING COMPANY, by and thru its General Manager, and GEORGE DAVID, Respondent/Appellant.

JUDGMENT WITHOUT OPINION

Decided February 25, 1988.

At the call of this case, the movants/appellees’ counsel brought to our attention that he had filed a motion to dismiss the appeal. The respondent/appellant was represented by the Steele & Steele Law Firm. The motion, in essence, stated that the appeal announced was not perfected and that the judgment rendered by the lower court should be ordered enforced and executed. The appellant, on the other hand, resisted the motion by saying that this Honourable Court lacked jurisdiction over the subject matter, and that no bill of exceptions was signed by the trial judge and filed within the statutory time so as to give this Honourable Court jurisdiction. This argument of the appellant was conceded in count three of the movants’ motion, i.e., that the trial judge did not sign the bill of exceptions.

After a careful consideration of the records, the law controlling together with the facts and circumstances in the case, it is hereby adjudged that the motion be and same is hereby granted. The Clerk of this Court is instructed to send a mandate to the lower court ordering the judge presiding therein to resume jurisdiction over this cause and enforce its judgment. Costs against appellants. And it is so ordered.