Sekt v. Superior Court

I dissent. I subscribe to the view' that appeals should, if possible, be heard on the merits, and that a dismissal for procedural default should only be ordered where the appellant is clearly at fault. If a motion to dismiss an appeal were made in this court under circumstances similar to those shown- by the record herein, denial of the motion would be reasonable, despite the fact that much of the delay was caused by appellant’s own neglect in failing to commence proceedings promptly, and to his subsequently delivering bad checks to the reporter as advances on his fees. That this is a…