Opinion
No. 15,696.
Filed December 16, 1937.
APPEAL — Dismissal — Grounds — Defects in Brief — Statement of Record. — Where appellant's brief failed to show any final judgment, or that any motion for new trial was filed or ruled upon, or whether an appeal bond was filed within the time allowed, or that the appeal was timely perfected, such defects required a dismissal of the appeal.
From Jasper Circuit Court; Moses Leopold, Judge.
Action by Hanna Heaton against George Preuss and another for possession of real estate. From a judgment for plaintiff, defendants appealed. Appeal dismissed. By the court in banc.
Glaser, Glaser Block, for appellants.
Sheehan Lyddick, for appellee.
This is alleged to have been an action, for possession of real estate and seeking damages for the unlawful detention thereof, wherein the appellee was successful in having the trial court direct a verdict in her favor after she had waived damages.
The error attempted to be presented is the overruling of the motion for a new trial.
The brief submitted on behalf of the appellants does not disclose that a final judgment was ever entered or the date thereof if so rendered. It does not disclose when the motion for a new trial was filed or overruled or whether or not an appeal bond was filed within the time allowed. Furthermore it does not disclose that the attempted appeal was taken within the time allowed by statute.
Since there is a failure to follow the steps necessary, as made mandatory by the rules, there must be a dismissal.
Appeal dismissed.
Curtis, J. not participating.