Hoke v. Poser

CULVER, Justice.

The respondent, Poser, filed the statement of facts in the Court of Civil Appeals on July 12, 1963, and the Court set the case for submission on February 6, 1964. Thereafter, on December 27, 1963, he filed his brief in the Court of Civil Appeals. At no time prior to the filing of the brief did Poser request an extension of time, nor has he ever alleged or attempted to show any good cause whatsoever for this substantial delay.

The petitioner, Hoke, asserts that the Court of Civil Appeals erred in overruling his motion to strike the brief and to *336dismiss the appeal: In support of…