Legal Opinion

Foerster v. Foerster

Ohio Court of Appeals

Decided October 21, 1943No. 3662PublishedCited by 1 opinion

1Opinion of the Court

*98OPINION

BY THE COURT:

The above-entitled cause is now being determined on. plaintiff-appellee’s motion to dismiss appellant’s appeal for the reason of failure to file assignments of error and briefs Within the time limit prescribed by Rule VII.

An examination of the file discloses that notice of appeal. Was filed on June 17th and further, that appellant is in default for assignment of error and brief.

Where a brief is filed, we generally overrule motion to dismiss for failure to file assignments of error. For some seven years we have adhered very strictly to the rule that appeal be dismissed…

2Cited by1 opinion

  1. Smith v. Dickinson, Court of Common Pleas of Ohio, Franklin County, Civil Division1953

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