ASARO VITO and ASARO SALVATORE, Appellants, v. NICOLA FORMUSA, Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, MONTSERRADO COUNTY. Argued April 28, 1970. Date of decision not indicated. 1. Although the new Civil Procedure Law regulates appeals taken after its effective date, an appeal taken prior to the date of its passage is not subject to it, and an application to the Supreme Court for an order directing the lower court to resume jurisdiction and enforce its judgment in the case will be entertained when appellee shows failure on appellant’s part to timely process his appeal. An application was made to the Court to issue an order directing the lower court to resume jurisdiction for failure on appellant’s part to process the appeal properly. The Supreme Court granted the application, pointing out that the new Civil Procedure Law which permits no such application, took effect after the instant appeal was undertaken, and, hence, did not apply to this case. No appearance for appellants. appellee. MR. Court. JUSTICE Nete Sie Brownell – for ROBERTS delivered the opinion of the An application was made herein for an order of the appellate court directed to the court below for it to resume jurisdiction and enforce its judgment. The appellee has alleged failure of the appellant to timely perfect his appeal, as required by statute. This Court has held in Witherspoon v. Clarke, 1 i LLR 171 (1952), that when an appeal is imperfect, the court below may be ordered to resume jurisdiction and enforce its judgment with such conditions as the Supreme Court 94 LIBERIAN LAW REPORTS 95 may impose. To the same effect, Dayrell v. Moore, II LLR 98 (1952) Freeman v. Sayon, [1956] LRSC 10; 12 LLR 295 (1956). Unlike Davies v. Puo, argued this term of court, this action was commenced July 18, 1967, and final judgment was rendered on August 29, 1968, before the effective date of the new Civil Procedure Law, which cannot be applied retroactively. When this case was called for hearing, no one appeared for the appellant, nor did the appellant file any resistance to the application. Therefore, this Court has no alternative but to grant the application of appellee. The Clerk of this Court is hereby ordered to send a mandate to the court below ordering it to resume jurisdiction in the case and enforce its judgment, costs against the appellant. And it is hereby so ordered. Motion granted, judgment ordered enforced.