Opinion
No. 20,378.
Filed August 23, 1965.
APPEAL — Practice and Procedure — Assignment of Errors — Assignment of Cross-errors — Failure to File — Motion to Dismiss. — Where appellant filed transcript and assignment of errors and appellee failed to file assignment of cross-errors, appellant's motion to dismiss appeal should be granted.
From the Review Board of the Indiana Employment Security Division.
Appellant, Sperry Rubber Plastics Company, filed its motion to dismiss its appeal.
Appeal Dismissed. By the Court in Banc.
Ice, Miller, Donadio Ryan, of Indianapolis, for appellant.
John J. Dillon, Attorney General, Keith Campbell, Deputy Attorney General, and Lynnville G. Miles, of Indianapolis, for appellees.
Appellant submitted its transcript and assignment of errors in this court on the 21st day of July, 1965.
On August 16, 1965, appellant, Sperry Rubber and Plastics Company, by William R. Riggs, its attorney, filed a motion to dismiss appeal, therein reciting that appellant no longer desires to prosecute its appeal from the decision of the appellee, Review Board of the Indiana Employment Security Division; that appellees have filed no assignment of cross-errors; and that said appeal should be dismissed.
Appellant's motion to dismiss this appeal is now submitted to this court for examination and determination.
The court now finds that proof of service of notice was properly given appellees; that no assignment of cross-errors has been filed in said cause; that no objections have been filed by appellees to appellant's motion to dismiss; and that appellant's motion to dismiss the appeal should be granted.
Appeal dismissed, with costs to be charged against appellant.
NOTE. — Reported in 209 N.E.2d 735.