Opinion
Docket No. 2662.
May 9, 1941.
APPEAL from a judgment of the Superior Court of Orange County. Appeal dismissed on motion.
John J. Beck for Appellant.
Arthur G. Baker and Joseph A. Ball for Respondent.
This is a motion to dismiss an appeal from a judgment entered on December 13, 1940.
[1] There is nothing on file here except the moving papers which include a certificate of the county clerk of Orange County. It appears that a motion for new trial was denied on January 21, 1941. Notice of denial of the motion was served on January 22, 1941, and filed on January 23, 1941. A motion to terminate proceedings for the preparation of a record on appeal was granted by the trial judge on March 28, 1941. Under these facts the motion to dismiss must be granted. ( Wright v. Wright, 43 Cal. App. (2d) 46 [ 110 P.2d 88].)
The appeal is dismissed.
Barnard, P.J., and Griffin, J., concurred.