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D. DANIEL TURKETT, Appellee, v. CHASE MANHATTAN BANK, N. A., by and thru its Authorized Representative, the MAXWELL & MAXWELL LAW OFFICES, Appellant.

JUDGMENT WITHOUT OPINION

Decided: July 14, 1989.

When this motion was called for hearing, Counsellor John H. Mathies appeared for the appellee/movant, whilst Counsellor H. Varney G. Sherman appeared for the appellant/respondent. Counsel for appellee/movant contends in his motion that appellant had neglected and failed to file an approved appeal bond as well as failed to serve notice of completion of the appeal as is required by law. Appellee/movant attached the clerk’s certificate in support of his motion. Counsel for appellant having conceded the legal soundness of said motion interposed no objections. The said contentions of the motion, being supported by law and not resisted, it is hereby adjudged that the motion to dismiss the appeal should be and the same is hereby granted and the appeal is dismissed. The Clerk of this Court is ordered to send a mandate to the court below commanding the judge presiding therein to resume jurisdiction over the matter and to enforce its judgment. Costs ruled against appellant. And it is hereby so ordered.

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Categories: 1989