716 MCLAUGHLIN V. COFFEY. [226 MCLAUGHLIN V. COFFEY. 1041 293 S. W. 2d 455 Opinion delivered July 2, 1956. APPEAL & ERROR—APPEALABLE DECISIONS—ORDERS GRANTING NEW TRIAL —NECESSITY OF ASSENT BY APPELLANT.—Appellant's appeal from an order granting a new trial dismissed for lack of a final judgment since he failed to file in the lower court the assent required by Ark. Stats. Sec. 27-2101 (2) to the effect that, if the judgment were affirmed, a judgment absolute should be rendered against him. Appeal from Garland Circuit Court ; C. Floyd Huff, Jr., Judge ; appeal dismissed. Lloyd Darnell, for appellant. Earl J. Lane, for appellee. PER CURIAM : The appellant did not file the assent required by Sub-section 2 of Section 27-2101 Ark.
ARK.] 717 Stats., and it is too late to file it now. (See Osborn v. LeMaire, 82 Ark. 490, 102 S. W. 372.) The appeal is dismissed for lack of final judgment ; and the case is still pending in the Garland Circuit Court for new trial on all issues. Mr. Justice ROBINSON dissents because he thinks that the appellant should be allowed to file the assent at this time in this Court.
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