Mattern v. Pepsi Cola Bottling Co.

California Court of Appeal · Civ. No. 12723 · 1940-06-26 · Published · 39 Cal. App. 2d 677 · 104 P.2d 707 · 1940 Cal. App. LEXIS 457

IRA L. MATTERN v. PEPSI COLA BOTTLING COMPANY OF CALIFORNIA (a Corporation)

Area: civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

The above-entitled matter having come on for hearing upon respondents’ motion to dismiss the *678appeal, and it appearing that the appellant has failed to file with the clerk of the trial court a notice or request to prepare transcript under section 953a of the Code of Civil Procedure, or otherwise, and that the appellant has taken no steps toward the procuring of a clerk’s transcript or bill of exceptions or other record for use on appeal, and that no proceedings have been instituted or are now pending for the purpose of preparing or procuring any transcript or bill of exceptions, or other record, and that the time in which a record on appeal herein might be prepared and filed pursuant to section 650 of the Code of Civil Procedure or pursuant to section 953a of the Code of Civil Procedure, or otherwise, has expired;

Now, therefore, it is ordered and adjudged that the appeal herein be and it is hereby dismissed.