Bradburn v. County Department of Public Welfare

On Appellee’s Motion to Dismiss

This matter is before us on the motion of the appellee, State Department of Public Welfare, to dismiss the appeal. The motion to dismiss alleges as cause therefor that the record of the proceedings does not contain either a motion to correct errors or an assignment of errors.

It appears from the record herein that this cause was submitted to the trial court as an agreed case and that judgment was entered on May 26, 1970.

The appellant’s counsel, in reply to the motion to dismiss, states that because this Court on July 1, 1970, held that a motion for new trial is…