Pauline v. Fitzpatrick

California Court of Appeal Oct 7, 1957 No. Civ. No. 17593Published

Before: Bray

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Holding. The court denied the appellants' motion to stay the appeal and granted the respondents' motion to dismiss the appeal due to the appellants' failure to file an opening brief.

Issues

Whether the appellants' motion to stay the appeal should be granted.
Whether the respondents' motion to dismiss the appeal for failure to file an opening brief should be granted.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“the motion to stay appeal is denied and the motion to dismiss is granted.”

BRAY, J. Motion by respondents to dismiss appeal on ground of failure of appellants to file opening brief. Motion by appellants to stay appeal.

A complete history of the proceedings in this matter is set forth in Estate of Doran, No. 17513, this day decided (see Estate of Doran, ante, p. 230 [316 P.2d 83].)

For the reasons set forth in said decision the motion to stay appeal is denied and the motion to dismiss is granted.

Peters, P. J., and Wood (Fred B.), J., concurred.

Pauline v. Fitzpatrick

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