Tolbert v. Kern

(Concurring Opinion)'

Mote, J.

I have no alternative but to concur in the dismissal of this appeal. At the same time it is my opinion that *83Rule 2-19, Rules of the Supreme Court, is too harsh and I think that litigants should not be deprived of decisions on the •merits of an appeal where, as here, there is but a technical lack of compliance with Rule 2-19, supra. . ■■

Bierly, C. J., concurs.