JOSEPH SILVER, Petitioner, v. K. S. KHALIL AND INSTRUCO CORP., Respondents.

JUDGMENT WITHOUT OPINION. Decided June 8, 1973.* Stephen Dunbar for petitioner. � Raymond Hoggard for respondents. When this case was called, counsellor Stephen Dunbar appeared for the petitioner, and counsellor Raymond Hoggard appeared for the respondents. Petitioner moved the Court to order the trial court to resume jurisdiction and enforce its ruling, because the trial records had not been transcribed and forwarded to the Supreme Court within ninety days after final judgment as the law requires. In considering the motion of the petitioner this Court is not willing to disregard the appeal taken in the trial court because the records have not reached the Supreme Court in time. It is, therefore, adjudged that the Clerk of this Court be ordered to send a mandate to the clerk in the trial court, commanding him to have the records of the trial of the case transmitted to the Supreme Court without delay, and that the case be docketed for hearing in the ensuing October 1973 Term. Costs will abide hearing and determination. And it is so ordered. * Mr. Justice Azango did not participate in this decision due to illness. 264