Opinion
File No. MV 15-2010
Where, in an appeal to the Appellate Division, the court's finding was filed on January 4, 1962, and the defendant thereafter neglected to comply with the rule requiring the assignment of errors to be filed within two weeks and took no further action, a motion to dismiss for failure to prosecute with proper diligence, filed March 27, 1962, was granted.
Argued May 11, 1962 —
decided July 16, 1962
Motion by the state to dismiss the defendant's appeal from a judgment of the Circuit Court in the fifteenth circuit, O'Brien, J. Motion granted.
Frank J. DiLoreto, for the appellant (defendant).
Francis J. McVane, prosecuting attorney, for the appellee (state).
On October 3, 1961, the defendant, in a trial to the court, was found guilty of the crime of reckless driving. The defendant's appeal and request for a finding were filed October 17, 1961. The court's finding was filed January 4, 1962. The defendant has taken no further action, and on March 27, 1962, a motion to dismiss was filed for failure to prosecute the appeal with proper diligence.
Because so much time has elapsed since the terminal date for filing the assignment of errors (see Cir. Ct. Rule 7.27.1) and because no reason appears why the defendant should be permitted further to pursue his appeal, the motion to dismiss is granted.