MacConnell v. Wilbur

California Court of Appeal Sep 11, 1941 No. Civ. No. 2942Published

Before: Griffin, Marks

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Holding. The court dismissed the appeal because the appellants failed to initiate proceedings for a transcript or bill of exceptions within the required time, and the trial court had already terminated all such proceedings.

Issues

Whether an appeal should be dismissed when the time for preparing a record on appeal has expired and no proceedings for a transcript are pending.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“As appellants’ time for the preparation of a record on appeal has expired the motion is granted and the appeal is dismissed.”

MARKS, Acting P. J. This is a motion to dismiss this appeal.

The certificate of the county clerk shows the following: Notice of entry of judgment was served and filed on May 27, 1941. Notice of appeal was served and filed on June 18, 1941. No order to prepare any transcript has been filed and no proceedings for the preparation of a transcript or bill of exceptions are pending. On August 11, 1941, the trial court terminated all proceedings for the preparation of a transcript on appeal.

Nothing has been filed here except the moving papers.

[873]As appellants’ time for the preparation of a record on appeal has expired the motion is granted and the appeal is dismissed.

Griffin, J., concurred.

MacConnell v. Wilbur

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