528 S.W.2d 667 | Ky. Ct. App. | 1975
The City of St. Matthews appeals from a judgment of the Jefferson Circuit Court, Chancery Branch, Third Division, dismissing annexation proceedings filed by the city.
This is a companion case to Corn et al. v. City of Windy Hills, Ky., 528 S.W.2d 668, this day decided, in that both cities attempted to annex practically the same ter
The appeal was filed on November 1, 1974, and a notation made on the record that it was placed with the Windy Hills file. There was a further notation that appellant’s briefs were due December 11, 1974. The City of St. Matthews did not file briefs. RCA 1.260(b) provides: “If the appellant fails to file his brief within the time allowed, the appeal may be dismissed.” Cf. Barker v. Lappas, Ky., 412 S.W.2d 263 (1967).
The appeal is dismissed.