Opinion
No. 19,468.
Filed September 29, 1960.
APPEAL — Appellant's Motion To Dismiss — Opposition to Dismissal. — Where appellant has filed motion to dismiss its appeal and also filed acknowledgment of service of its dismissal by appellee, and appellee has not taken any action on such motion, the court grants said motion for dismissal.
From the Superior Court of Marion County, Room No. 1, M. Walter Bell, Judge.
Automobile Underwriters, Inc., appellant, perfected this appeal in which Sylvester Swatts is appellee and appellant has filed its motion to dismiss appeal.
Appeal dismissed. By the court in banc.
Steers, Klee, Jay Sullivan, of Indianapolis, for appellant.
Townsend Townsend, of Indianapolis, for appellee.
This cause was filed in this Court on March 25, 1960 and submitted on said date. On April 13, 1960, appellant filed a petition for extension of time in which to file appellant's brief. Petition was granted to and including May 25, 1960. Appellant's brief was filed May 25, 1960 and acknowledgment of service of brief by appellee was filed on said date.
On July 20, 1960 appellant filed a written motion to dismiss its appeal and also filed acknowledgment of service of its dismissal by appellee.
Appellee failing to take any action on appellant's motion to dismiss this action, the Court now grants said motion for dismissal by appellant.
It Is Now Ordered by the Court that this cause of action be dismissed.
Action dismissed with costs, if any, taxed against appellant.
NOTE. — Reported in 169 N.E.2d 297.