Fisher v. Driskell

On Motion to Dismiss (Dissenting Opinion)

Royse. J.

I feel it my duty to dissent from the order of this court denying appellee’s motion to dismiss this appeal because appellee did not receive a copy of appellant’s brief on the day it was filed with the Clerk of this Court.

The records shows that appellant obtained an extension of time to file his brief to November 26, 1956. He filed the brief on November 23, 1956 and served a copy to appellee on November 26, 1956, filing his proof of service with the Clerk November 28, 1956.

The majority denied the motion of appellee because the brief was filed…