MOSES DUARYENNAH, Appellant, v. CLARENCE 0. TUNING, Appellee.

MOTION TO DISMISS APPEAL FROM THE DEBT COURT, MONTSERRADO COUNTY. Argued April 28, 1970. Date of decision not indicated. 1. A substantial failure to comply with the provisions of the new Civil Procedure Law in the conduct of an appeal, renders the appeal subject to attack by a motion to dismiss. The appellant failed to oppose a motion to dismiss the appeal for failure to substantially comply with the new Civil Procedure Law, L. 1963-64, ch. III, nor did he appear at the call of the motion for argument. Motion granted, appeal dismissed. No appearance for appellant. pro se, for appellee. MR. Court. JUSTICE ROBERTS Clarence 0. Tuning, delivered the opinion of the Appellee filed a motion to dismiss the appeal, alleging: ( ) that up to the filing of his motion, more than sixtyeight days after the rendition of final judgment from which this appeal was taken, no notice of the completion of the appeal has been filed and served on him; (2) that appellant has failed to file an appeal bond indemnifying the appellee from all injury and from all costs arising from this appeal, pursuant to statutory provisions ; (3) that appellant has neglected to pay for the preparation and/or transmission of the record from the lower court to this Court. The appellant filed no opposition to the motion, nor did he appear at the call of the case. Since there also 82 LIBERIAN LAW REPORTS S3 appears to have been substantial failure to comply with the provisions of the Civil Procedure Law, ch. III, enacted under L. 1963-64, this Court has no alternative but to sustain the motion. And the Clerk of this Court is hereby ordered to send a mandate to the court below informing it of this judgment and ordering it to resume jurisdiction and enforce its judgment. All costs in these proceedings are to be borne by the appellant. And it is hereby so ordered. Motion granted, appeal dismissed.