Opinion
No. 20,422.
Filed August 24, 1965.
APPEAL — Motions — Motion to Dismiss — Pleading and Practice. — Where appellant filed motion to dismiss appeal on grounds that controversy between the parties to the appeal had been settled and appellees filed no objections thereto, said motion should be sustained and appeal should be dismissed.
From the Lake Superior Court, Room No. 5, James Richards, Judge.
After filing petition for extension of time within which to file transcript and assignment of errors, appellant filed a motion entitled "Dismissal of Appeal".
Appeal Dismissed. By the Court in Banc.
Galvin, Galvin Leeney, of Hammond, for appellants.
Crumpacker Abrahamson, of Hammond, for appellees.
On July 16, 1965, appellant, Harold Barton, by his attorneys, Galvin, Galvin Leeney, filed a petition for extension of time within which to file transcript and assignment of errors. Acknowledgment of service was accepted by appellees, by their attorneys, Crumpacker Abrahamson.
Appellant, on August 2, 1965, filed a motion entitled "Dismissal of Appeal", which informed the court that the matter in controversy between the parties to the action had been "amicably settled" and, hence, appellant requested this appeal to be dismissed. Notice of motion to dismiss appeal was sent by mail to appellees by appellant.
Said motion was submitted to the court for finding and determination;
And the court now finds that, inasmuch as appellees have filed no objections to appellant's motion to dismiss and matters in controversy between the parties have been adjusted, said motion to dismiss appeal should be sustained and the appeal should be dismissed.
Appeal dismissed, costs to be assessed against appellant.
NOTE. — Reported in 209 N.E.2d 736.