Parada Holding Co. v. Sulkin

PEARSON, Judge.

The appellee has moved to dismiss this appeal for failure of the appellant to serve its brief within the time specified by Rule 3.7, subd.' a, Florida Appellate Rules, 31 F.S.A.1 Notice of appeal was filed on October 24, 1960; appellant’s brief was due January 3, 1961. On January 5th appellee filed a motion to dismiss for failure to comply with Rule 3.7, subd. a, supra, and this court heard oral argument upon the motion on January 16. Just prior to oral argument appellant filed its motion for leave to file brief instanter. This motion recited that the failure to file…