Brindle v. Anglin

The opinion of the Appellate Court fails to consider a primary issue in the case, presented by appellees’ motion to dismiss. Therefore, transfer of the case' is granted, under Rule 2-23 (4) (a) of this court.

The motion to dismiss is predicated upon the fact that the Chief Justice of the Appellate Court granted a second extension of time in which to file transcript and assignment of errors, such second petition having been filed 13 days after the expiration of the time previously granted by the Appellate Court on the first petition for extension of time.

The motion to dismiss was denied pending…