NATIONAL PORT AUTHORITY, by and thru it Managing Director, Tarpeh, Petitioner, v. NELSON N. SLEWION and THE CHAIRMAN OF THE BOARD OF GENERAL APPEALS, Ministry of Labour, Respondents.

JUDGMENT WITHOUT OPINION

Decided July 2, 1982.

When this case was called, no one appeared for the appellant. Counsellor Nelson Broderick appeared for the appellee and called the Court’s attention to his motion filed to dismiss the appeal on the ground that no appeal bond was filed and no notice of completion of appeal was issued, served, and returned served so as to give the Supreme Court jurisdiction over the case and the parties. He further informed the Court that a copy of said motion was served on one of counsels for appellant in person of Counsellor S. Edward Carlor who acknowledged same by receipt but, that up to and including the hearing date of this case (June 14, 1982), he had not filed his resistance to said motion. Appellee’s counsel cited the Civil procedure Law, Rev. Code 1: 10.7 and 51.16. After studying the motion and applying the laws cited, and there being no resistance to the motion, it is hereby adjudged that the motion should be and the same is hereby granted and the appeal is dismissed with costs against the appellant.

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 hereby so ordered.

NOTE: Mr. Justice Frank W. Smith, being the trial judge in this case in the court below prior to his elevation to the Bench, recused himself from further participating in the final hearing and determination of this case; hence, he did not sign this judgment.