Davis v. Flynn

MORRIS, Chief Judge.

We note at the outset that defendant has failed to include in the record on appeal the issues submitted to the jury and the verdict, in violation of Rule 9(b)(l)(vii) of the Rules of Appellate Procedure. Nor have references to pertinent assignments of error been identified by number in defendant’s brief, as required by Rule 28(b)(5). More significantly, over 150 days elapsed between 18 December 1980, when notice of appeal was given, and the filing with this Court of the record on appeal, a breach of Rule 12(a). Even though the appeal is subject to summary dismissal, we…