Stewart

This is a motion to dismiss this appeal. [1] It appears from the certificate of the clerk of the court below that no proceedings are pending for a settlement of a bill of exceptions or a transcript on appeal and that no notice for the preparation of a transcript under the provisions of section 953a of the Code of Civil Procedure has been filed in his office. The statutory time within which a record on appeal may be prepared and filed under either method of appeal in this state has expired. Upon the authority of Union Trust Co. v. Novotny, 125 Cal.App. 417 , 418 [ 13 P.2d 974 ], the motion is granted and the appeal is dismissed. Barnard, P.J., and Jennings, J., concurred.