Rubio v. Nye & Nissen, Inc.

Respondents are the mother and minor brother of I. Rubio, who was killed in a collision with a truck operated by appellants. After the time for filing their brief had expired the respondents filed a motion to dismiss and affirm under section 3 of Rule V, Rules for the Supreme Court and District Courts of Appeal. Accompanying their motion they filed a fifteen-page brief arguing the merits of the appeal. On the hearing of the motion they refused to submit the appeal on appellants’ opening brief and, after oral argument, filed a reply brief of ten pages. Appellants’ appeal rests on two general…