Brown

This is a motion to dismiss an appeal or to affirm the judgment of the trial court. The notice of motion filed herein specifies that the ground of the motion is that the questions upon which the decision of the cause depends are so unsubstantial as to require no further argument and the appeal is entirely lacking in merit. It is further specified in the notice of motion that it will be based upon “Appellant’s Opening Brief, the Clerk’s Transcript, the Reporter’s Transcript, and the Points and Authorities of respondent in support of this motion served and filed herewith.”

The motion is presented pursuant to the provisions of the new section 3 of Rule Y of the Rules for the Supreme Court and District Courts of Appeal, which became effective on July 1, 1932. Unsubstantiality of questions involved in the appeal is made the principal ground for invoking the power of an appellate tribunal wherein the appeal is pending to dismiss such appeal or to affirm the judgment or order from which the appeal is taken. If this unsubstantiality is apparent upon consideration of appellant’s opening 'brief alone, invocation of the power to dismiss an appeal or to affirm a judgment is manifestly proper…