Lopez v. Wadsworth

California Court of Appeal Sep 14, 1933 No. Civ. No. 639Published

Before: Marks

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Holding. The court dismissed the appeal because the appellant failed to file an opening brief or respond to an order to show cause.

Issues

Whether an appeal should be dismissed for failure to file an opening brief and failure to respond to an order to show cause.

Disposition. dismissed

Quotations verified verbatim against the opinion

“As no brief was filed, this court on its own motion issued an order to show cause directing appellant to show cause on September 12, 1933, why the appeal should not be dismissed.”

“Under the provisions of Rule V of the Rules for the Supreme Court and District Courts of Appeal, the appeal is dismissed.”

MARKS, J. The record on appeal was filed in this court on February 1, 1932. On January 26, 1932, counsel entered into a stipulation giving appellant to March 20, 1932, in which to file his opening brief. As no brief was filed, this court on its own motion issued an order to show cause directing appellant to show cause on September 12, 1933, why the appeal should not be dismissed. No response was made to this order and no briefs have been filed. Under the provisions of Rule V of the Rules for the Supreme Court and District Courts of Appeal, the appeal is dismissed.

Barnard, P. J., and Jennings, J., concurred.

Lopez v. Wadsworth

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