Tighe v. Vail

California Court of Appeal May 9, 1941 No. Civ. No. 2662Published

Before: Marks

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Holding. The court granted a motion to dismiss an appeal because the trial court had terminated the proceedings for the preparation of the record on appeal.

Issues

Whether an appeal should be dismissed when the trial court has terminated proceedings for the preparation of the record on appeal.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“A motion to terminate proceedings for the preparation of a record on appeal was granted by the trial judge on March 28, 1941. Under these facts the motion to dismiss must be granted.”

“The appeal is dismissed.”

MARKS, J. This is a motion to dismiss an appeal from a judgment entered on December 13, 1940.

There is nothing on file here except the moving papers which include a certificate of the county clerk of Orange County. It appears that a motion for new trial was denied on January 21, 1941. Notice of denial of the motion was served on January 22, 1941, and filed on January 23, 1941. A motion to terminate proceedings for the preparation of a record on appeal was granted by the trial judge on March 28, 1941. Under these facts the motion to dismiss must be granted. (Wright v. Wright, 43 Cal. App. (2d) 46 [110 Pac. (2d) 88].)

The appeal is dismissed.

Barnard, P. J., and Griffin, J., concurred.

Tighe v. Vail

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