Summary
granting appellant's motion to dismiss where no cross-errors had been filed by the appellees and where no opposition was made to the motion to dismiss
Summary of this case from Walker v. CampbellOpinion
No. 20,260.
Filed September 9, 1965.
APPEAL — Motion to Dismiss — No Desire to Prosecute. — Where appellant filed its motion to dismiss appeal alleging that it no longer desired to prosecute the appeal and that there has been no assignment of cross-errors filed by appellees, motion would be sustained and would be dismissed.
From the Review Board of the Indiana Employment Security Division.
Appellant, G.C. Murphy Company, filed its motion to dismiss appeal.
Appeal dismissed. By the Second Division.
Leland B. Cross, Jr., William R. Riggs, and Ice, Miller, Donadio Ryan, of counsel, all of Indianapolis, for appellant.
John J. Dillon, Attorney General, and Keith Campbell, Deputy Attorney General, for appellees.
This appeal, fully briefed and set for oral argument, is submitted to the Court on appellant's Motion to Dismiss the same, it being stated in said motion that said appellant no longer desires to prosecute the appeal and that there has been no assignment of cross-errors filed by appellees.
The Motion to Dismiss was filed in this Court on August 10, 1965, and the same was accompanied by proof of service upon the attorney for appellee, Review Board of Indiana Employment Security Division, and Ruth Trevey individually, together with original receipt duly postmarked, showing appellant's proof of service deposited as certified mail, and there being no reason presented in opposition to said Motion to Dismiss, it is now ordered that said appeal is hereby dismissed with costs taxed against appellant.
NOTE. — Reported in 210 N.E.2d 51.