Estate of Shiveley

California Court of Appeal Jul 12, 1900 No. Civ. No. 190.Published

Before: THE COURT. —

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Holding. The court dismissed the appeal because the appellants failed to file their brief within the time required by supreme court rule No. 2, subdivision 4.

Issues

Whether the appeal should be dismissed for failure to file a brief within thirty days of the transcript filing as required by rule.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The motion is not contested, and as it has been more than three years since the transcript was filed and no brief has ever been filed, it seems to be peculiarly a case for the enforcement of said rule.”

“The appeal is dismissed.”

This is a motion to dismiss the appeal on the ground that appellants have failed to comply with supreme court rule No. 2, subdivision 4, [144 Cal. xl, 78 Pac. vii], requiring them to file their brief thirty days after the filing of the transcript. The motion is not contested, and as it has been more than three years since the transcript was filed and no brief has ever been filed, it seems to be peculiarly a case for the enforcement of said rule.

The appeal is dismissed.

Estate of Shiveley

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