HENDERSON
v.
MIAMI GUILD FASHIONS, INC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves an appeal where the appellant failed to file a required brief within the stipulated time. The court dismissed the appeal due to this procedural default.
Yes, the appeal is dismissed because the appellant failed to comply with the court's rules regarding the filing and service of briefs, and offered no valid excuse.
“The appellant, within thirty days after the filing of the record on appeal, shall file with the clerk of this court only the original copy of his brief; * * * A copy of any brief filed, in all instances shall be furnished and served upon the attorneys of record for any adversary party and proof thereof filed in the court when the brief is filed.”
Establishes the court's rule regarding the appellant's duty to file and serve a brief.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe record on appeal was filed with the court. The appellant failed to file or serve a brief as required by court rules, and no valid excuse was provi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The record was filed with the clerk of this court on June 17, 1954. Appellee’s motion to dismiss the appeal came on to be heard and was argued by counsel for the respective parties.
Rule 16 of this court requires that — “The appellant, within thirty days after the filing of the record on appeal, shall file with the clerk of this court only the original copy of his brief; * * * A copy of any brief filed, in all instances shall be furnished and served upon the attorneys of record for any adversary party and proof thereof filed in the court when the brief is filed.”
The record shows, and it is so admitted by counsel for appellant, that no brief has been filed or served by appellant.-
*164Rule 17 of this court provides — “An appeal shall be deemed ready for decision upon expiration of time allowed for the filing of briefs.”
No valid excuse or reason for failure to file and serve a brief has been submitted by the appellant.
The appeal is dismissed, the appellant to pay the costs thereof.