Del Grego v. Del Grego

Ohio Court of Appeals

Del Grego v. Del Grego

32 Ohio Law. Abs. 494, 1940 Ohio App. LEXIS 1036

CourtOhio Court of Appeals

DecidedJune 24, 1940

DocketNo. 1624

StatusPublished

Cited by1 cases

This text of 32 Ohio Law. Abs. 494 (Del Grego v. Del Grego) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Del Grego v. Del Grego, 32 Ohio Law. Abs. 494, 1940 Ohio App. LEXIS 1036 (Ohio Ct. App. 1940).

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Opinion

OPINION

BY THE COURT:

Submitted on application of. appellant for rehearing of the action of this court in dismissing the appeal for failure to file brief within the time prescribed by Rule VII of the Court of Appeals of Ohio.

This court without exception since January 1, 1935, has enforced this rule. We note that the appellant is a foreigner not able to speak the English language fluently, not acquainted with our court procedure and that he had employed counsel to take cáre of his case but that counsel has failed to do so.

In the last analysis the appellant is in no different situation than any other client whose attorney, employed to represent him, has failed to do so properly. In this court all litigants are represented by attorneys and do not .appear for themselves.

We regret the unfortunate situation fin which the appellant seems to have been placed but we cannot waive the enforcement of this rule in his hehalf because to do so would result in the breaking down of the general enforcement of the rule which is absolutely necessary to expedition in the handling of the work of this court.

The application for rehearing will be denied.

HORNBECK, PJ., GEIGER & BARNES, JJ., concur.

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