NEILSON P. TAYLOR, Stipendiary Magistrate, Municipal Court, City of Monrovia, et al., Appellants, v. KHALIL  NAIM, Appellee. JUDGMENT WITHOUT OPINION.

Decided February 3, 1978.*

When this case was called, no one appeared for the appellants, and Counsellor M. Fahnbulleh Jones appeared for the appellee and filed motion to dismiss for the appellants’ failure to proceed to complete their appeal announced from the judgment of the lower court, in that after announcing an appeal, he filed a bill of exceptions but has failed to file an appeal bond, or have prepared and served a notice of completion of appeal, contrary to provisions of the Civil Procedure Law. Rev. Code I:51.8, 51.9, 51.16. After studying the motion and the attached certificate from the clerk of the trial court, it is adjudged that the motion to dismiss should be and the same is hereby granted, and the appeal is dismissed with costs against the appellant. And the Clerk of this Court is ordered to send a mandate down to the court below commanding the judge presiding therein to resume jurisdiction over the cause and enforce the judgment. And it is so ordered. Mrs. Justice Brooks-Randolph did not participate in this decision.

Categories: 1978