Steffey v. Standard Stations, Inc.

California Court of Appeal Apr 13, 1933 No. Civ. No. 1253Published

Before: Barnard

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Holding. The court dismissed the appeal because the appellant failed to file a bill of exceptions or a transcript within the time allowed by law.

Issues

Whether an appeal should be dismissed when the appellant fails to file a record within the statutory time limits.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Respondents’ motion to dismiss should, therefore, be granted”

“The appeal is dismissed.”

BARNARD, P. J. From the certificate of the county clerk on file herein it appears that notice of appeal was filed on January 21, 1933; that no bill of exceptions has been filed under section 650 of the Code of Civil Procedure; that no transcript has been filed under section 953a of the Code of Civil Procedure; that no request for a transcript under the provisions of section 953a of the Code of Civil Procedure has been filed; that no additional time in which to prepare and serve a bill of exceptions has been allowed; that no proceeding for a bill of exceptions or a transcript is pending in the trial court; and that the time within which a record might be prepared under either method has expired. Respondents’ motion to dismiss should, therefore, be granted (General Motors etc. Co. v. Holman, 63 Cal. App. 17 [217 Pac. 1086]; People v. Berkeley Chiropractic College, 103 Cal. App. 139 [283 Pac. 981] ; Union Trust Co. of San Diego v. Novotny, 125 Cal. App. 417 [13 Pac. (2d) 974]).

The appeal is dismissed.

Marks, J., and Jennings, J., concurred.

Steffey v. Standard Stations, Inc.

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