SUPREME GRAND LODGE OF ANCIENT AND MYSTICAL ORDER ROSAE CRUCIS v. SMITH (1935)

There comes before us a motion for an order dismissing an appeal from a judgment entered in the action on June 19, 1933.   The motion to dismiss, supported by the clerk's certificate, was filed here September 7, 1933.   The filing of the motion was followed by affidavits in opposition, substitution of attorneys, months of delay, many continuances, nonappearance from either side at the hearings, and negotiations between counsel.   On October 2, 1934, the appeal was dismissed, but, at the request of appellant, a rehearing and further continuance were granted for a hearing on the motion.   Finally, on November 1, 1934, the transcript was filed, but nothing further was done by appellant to perfect the appeal.

After more continuances, the respondent again brought up the motion to dismiss, and, after time allowed for filing points and authorities by each side, the matter was recently submitted, and we are called upon to dispose of the motion to dismiss fully two and a half years after judgment was entered in the lower court.

It does not appear that appellant made any serious effort to perfect his appeal or to put it in shape for submission.

The motion is granted, and the appeal is dismissed.

WASTE, Chief Justice.

We concur:  SHENK, J.;   LANGDON, J.;   SEAWELL, J.;   CURTIS, J.;   THOMPSON, J.