Smith v. Rothschild

California Court of Appeal Jul 19, 1934 No. Civ. No. 9427Published

Before: Nourse

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Holding. The court denied the plaintiffs' motion to dismiss or affirm the appeal because the motion was improperly used to advance the hearing or avoid standard briefing requirements.

Issues

Whether a motion to dismiss or affirm an appeal should be granted when used to advance the hearing or avoid the preparation of a brief.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“When this motion is made for the purpose of advancing the hearing of an appeal on the merits, or to avoid preparation of a brief under the rules, it should be denied.”

NOURSE, P. J. The plaintiffs have moved to dismiss or affirm under the rule upon the grounds that the appeal is frivolous and presents grounds so unsubstantial as not to require further argument. The motion was accompanied by a typewritten brief fully arguing the merits of the appeal. When this motion is made for the purpose of advancing the hearing of an appeal on the merits, or to avoid preparation of a brief under the rules, it should be denied. The motion in this ease is of that character.

Motion denied.

Sturtevant, J., and Spence, J., concurred.

Smith v. Rothschild

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