Cully v. Franklin

Missouri Court of Appeals

Cully v. Franklin

539 S.W.2d 751

CourtMissouri Court of Appeals

DecidedJuly 28, 1976

DocketNo. 10168

StatusPublished

Cited by1 cases

This text of 539 S.W.2d 751 (Cully v. Franklin) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cully v. Franklin, 539 S.W.2d 751 (Mo. Ct. App. 1976).

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Opinion

PER CURIAM:

Plaintiffs, as appellants, filed the transcript on appeal 6 January 1976. Rule 84.-05(a)¹ required plaintiffs to file their brief on appeal within 60 days thereafter. No request was made or allowed for an enlargement of time. Rule 44.01(b). Therefore, the brief should have been filed on or before 8 March 1976.² More than four months has now elapsed since the brief was due. Our attention has not been called to any good cause why this appeal should not be dismissed or why the interests of justice otherwise require anything but a dismissal. When an appellant fails to comply with Rule 84.05, we are permitted by Rule 84.08 to dismiss the appeal at any time. The foregoing clearly demonstrates a failure to comply with Rule 84.05(a). Accordingly, the appeal herein is dismissed.

All concur.

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PER CURIAM:

Plaintiffs, as appellants, filed the transcript on appeal 6 January 1976. Rule 84.-05(a)¹ required plaintiffs to file their brief on appeal within 60 days thereafter. No request was made or allowed for an enlargement of time. Rule 44.01(b). Therefore, the brief should have been filed on or before 8 March 1976.² More than four months has now elapsed since the brief was due. Our attention has not been called to any good cause why this appeal should not be dismissed or why the interests of justice otherwise require anything but a dismissal. When an appellant fails to comply with Rule 84.05, we are permitted by Rule 84.08 to dismiss the appeal at any time. The foregoing clearly demonstrates a failure to comply with Rule 84.05(a). Accordingly, the appeal herein is dismissed.

All concur.

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539 S.W.2d 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cully-v-franklin-moctapp-1976.

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