Wilson v. Smith

Respondents have moved to dismiss this appeal as appellant’s opening brief was not filed within the time prescribed by rule 1, section 4, of the Rules of the Supreme Court and District Courts of Appeal, in effect at the time this motion was filed and heard. Appellant has moved to he relieved from default for the claimed reason that her delay and neglect were excusable.

The clerk’s and reporter’s transcripts on appeal were filed April 13, 1943, and the notice of motion to dismiss was filed June 4, 1943, at which time appellant’s brief was 22 days overdue. Two days prior to the hearing on said…