Judson H. Blount, Jr. v. State Bank & Trust Company, a North Carolina Corporation

Fourth Circuit

Judson H. Blount, Jr. v. State Bank & Trust Company, a North Carolina Corporation

425 F.2d 266, 21 Fed. R. Serv. 2d 1452, 1970 U.S. App. LEXIS 9382

CourtCourt of Appeals for the Fourth Circuit

DecidedMay 6, 1970

Docket14106

StatusPublished

Cited by12 cases

This text of 425 F.2d 266 (Judson H. Blount, Jr. v. State Bank & Trust Company, a North Carolina Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Judson H. Blount, Jr. v. State Bank & Trust Company, a North Carolina Corporation, 425 F.2d 266, 21 Fed. R. Serv. 2d 1452, 1970 U.S. App. LEXIS 9382 (4th Cir. 1970).

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Opinion

PER CURIAM.

Despite repeated inquiries from our Clerk, to which no response was made, the appellant’s counsel failed to comply with the briefing schedule of the Federal Rules of Appellate Procedure. Finally, after the appellee moved to dismiss the appeal, the appellant proposed to voluntarily dismiss under FRAP 42(b).

We believe, however, that voluntary dismissal is not appropriate when the appellee has been put to trouble and expense because the appellant has not complied with the rules of court. Accordingly, the appellee’s motion to dismiss is granted. Costs on appeal are taxed against C. R. Wheatly, Jr., Esquire, one of appellant’s counsel, without contribution from the appellant or his other counsel.

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PER CURIAM.

Despite repeated inquiries from our Clerk, to which no response was made, the appellant’s counsel failed to comply with the briefing schedule of the Federal Rules of Appellate Procedure. Finally, after the appellee moved to dismiss the appeal, the appellant proposed to voluntarily dismiss under FRAP 42(b).

We believe, however, that voluntary dismissal is not appropriate when the appellee has been put to trouble and expense because the appellant has not complied with the rules of court. Accordingly, the appellee’s motion to dismiss is granted. Costs on appeal are taxed against C. R. Wheatly, Jr., Esquire, one of appellant’s counsel, without contribution from the appellant or his other counsel.

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Bluebook (online)

425 F.2d 266, 21 Fed. R. Serv. 2d 1452, 1970 U.S. App. LEXIS 9382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judson-h-blount-jr-v-state-bank-trust-company-a-north-carolina-ca4-1970.

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