Opinion
No. 29,852.
Filed June 29, 1960.
APPEAL — Failure To File Briefs — Rules of Supreme Court — Dismissal. — Where more than 30 days have elapsed since appellant filed assignment of errors and transcript of record and appellant has not filed his brief nor requested extension of time to file same, the appeal will be dismissed for failure to comply with Rule 2-15 of the Supreme Court.
Walter Gamble, appellant, attempts to take an appeal and appellee, State of Indiana, has filed motion to dismiss the appeal.
Appeal dismissed.
Grimm Grimm, of Auburn, for appellant.
Edwin K. Steers, Attorney General, and Richard C. Johnson, Deputy Attorney General, for appellee.
Appellee has filed its motion herein to dismiss this appeal for failure of appellant to file his brief within the time required by Rule 2-15 of this court, 1958 Edition. Such rule provides, in pertinent part, that "[t]he appellant shall have 30 days after submission in which to file his brief, and if the brief is not filed within the time limited the clerk shall enter an order dismissing the appeal, unless a petition for extension of time is on file."
The assignment of errors and the transcript of the record in this case were filed on September 22, 1959, and appellant has not yet filed his brief nor is there a petition for extension of time on file.
Wherefore, this appeal is dismissed for failure to comply with Rule 2-15, supra, and the costs are assessed against appellant.
NOTE. — Reported in 168 N.E.2d 69.