THRASHER v. THRASHER et al.
Motion by respondent to dismiss appeal on the ground that no transcript has been filed and that proceedings for the preparation of a record have been terminated in the trial court.
From the certificate of the county clerk it appears that judgment was entered on February 21, 1938; that a motion for a new trial was denied on April 25, 1938; that notice to the clerk to prepare a transcript was filed on May 31, 1938; that no further steps have been taken by the appellant since said date with respect to preparing a record; that on February 26, 1939, on motion, an order was made in the trial court terminating any proceedings for the preparation of a record; that no proceedings for the preparation of a bill of exceptions or of a transcript are now pending before said court; and that the time therefor has expired. The motion must, therefore, be granted. Bruce v. Tunstall, 24 Cal.App.2d 370, 75 P.2d 120; Christensen v. Couey, 136 Cal.App. 268, 28 P.2d 689.
The appeal is dismissed.
BARNARD, Presiding Justice.
We concur: MARKS, J.; GRIFFIN, J.