East Grand Forks Federal Savings & Loan Ass'n v. Mueller

TEIGEN, Judge.

The respondent', Red River Realty, Inc., has moved for a dismissal of the appeal because of delay on the part of the appellant, East Grand Forks Federal Savings and Loan Association, to serve and file a record of the case and to prosecute the appeal. The motion is made under Rule 13 of the Rules of Practice in the Supreme Court of North Dakota, which provides:

“Rule 13. Affirmance or Dismissal upon Default. The respondent may apply to the court for affirmance or dismissal of a cause, as the case may be, if the appellant shall fail or neglect to serve and file the record, or his…