Hardy-Burlingham Min. Co. v. Smith

Opinion op the Court by

Chiep Justice Sims

Reversing.

On this appeal we are again confronted with the question of what action to take when appellee fails to file a brief. The appeal was granted by the circuit court and the record was filed here on January 29, 1947, which made it an appearance case at the Spring Term, commencing April 14th. Under rule 1.380, appellant’s brief was due 20 days before April 14th and appellee’s brief was due 10 days before that date. Appellant’s brief was filed on March 17th, which was in ample time, and the case was submitted on April 18th. Although appellee was…