Paradise v. Nowlin

Plaintiffs-respondents have moved to dismiss the appeal of defendant-appellant Federated Income Properties, Incorporated, a corporation, on the ground that appellant failed to pay the filing fee within 20 days after being notified by the clerk of the Supreme Court to pay the same. (See Rules on Appeal, rule 10(a), 22 Cal.2d 10.)

The motion must be granted on the ground stated but there is another and more important reason for the dismissal of the appeal on the court’s own motion, to wit, that the defendant corporation filed the notice of appeal in the superior court and its opposition to the…