Brown v. Delta Airlines Inc.

ON MOTION TO DISMISS

Before SAMUEL, BOUTALL and SCHOTT, JJ. SAMUEL, Judge.

This matter is before us solely on an appellee motion to dismiss the appeal on the ground the record was lodged in this court months after the return day set in the order of appeal, which return day was not extended. While it appears the motion would have to be denied because of an absence of any showing or contention the delay was imputable to the appellant and because the failure of the clerk to timely prepare and lodge the record on appeal “shall” not prejudice the appeal,1 we find we do not reach the question of…