120 Cal. App. 2d 381 | Cal. Ct. App. | 1953
Motion by plaintiffs to dismiss appeal filed by defendants Langford and Lambert.
The certificate of the clerk of the superior court shows judgment for plaintiffs quieting title in them, as lessees, to certain real property as against the named defendants. Notice of appeal was filed August 7, 1953. Up to the date of the certificate, September 2, 1953, the clerk states, “No notice to clerk to prepare record on appeal has been filed; accordingly no transcript has been certified or filed.”
Plaintiffs move to dismiss the appeal under rule 10a, Rules on Appeal, because defendants (as appellants) have not taken prompt steps to perfect their appeal, have not complied with the requirements of rule 4(a) or 4(b) or 5(a), Rules on Appeal, and no extension of time had been granted by the trial court, as permitted by rule 45(b), Rules on Appeal. (See Rules on Appeal, 36 Cal.2d, pages 3, 5, 12, 35.)
As stated in the case of Heatly v. Heatly, 83 Cal.App.2d 677, 680 [189 P.2d 748] : “The purpose and effect of the rules here in question should not be lightly set aside. If it be assumed that in a proper case and upon a sufficient showing a delayed compliance might be excused, the showing here made is, in our opinion, insufficient to justify a denial of the motion (to dismiss).”
The appeal is dismissed.
A petition for a rehearing was denied October 14, 1953.