Batson v. Cherokee Beach & Campgrounds, Inc.

This appeal was fixed for October 1,1981, at 9:30 A.M. and all attorneys of record were notified as of July 31, 1981. At the time scheduled for submission without argument, the appellant neither appeared nor filed a brief, nor did appellant file a written instrument negating any intent to abandon the appeal, nor did appellant file any other written pleading.

At 8:45 A.M. on October 1, 1981, counsel for appellant telephoned the office of the clerk of this court advising he did not desire to abandon his appeal. He did not, however, make any mention of the fact that he had not filed a brief, nor…