Shiflet v. Burks

California Court of Appeal Mar 18, 1935 No. Civ. No. 1400Published

Before: Marks

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Holding. The court granted the motion to dismiss the appeal because the appellant failed to take any steps to secure a record on appeal within the required time following the entry of judgment.

Issues

Whether an appeal should be dismissed when the appellant fails to secure a clerk's or reporter's transcript or other record on appeal.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Under these circumstances the motion must be granted.”

“Appeal dismissed.”

MARKS, J. This is a motion to dismiss the appeal. The certificate of the county clerk of Fresno County discloses that judgment was entered on December 17, 1934; that notice of entry of judgment was served on the next day; that no motion for new trial was made; that notice of appeal was given on February 16, 1935; that no steps have been taken to secure a clerk’s or reporter’s transcript, bill of exceptions or other record on appeal. The only records filed in this court are the certificate of the county clerk and notice of motion to dismiss the appeal with supporting points and authorities. Under these circumstances the motion must be granted.

Appeal dismissed.

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

Shiflet v. Burks

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