Starkweather

The plaintiff and respondent moved to dismiss the appeal in the instant case upon the ground that *Page 122 the same was not pursued in this court within the time prescribed by law. [1] Nothing more than the filing and serving of a notice of appeal appears to have been accomplished prior to expiration of the time for ordering a transcript. The motion to dismiss is not resisted, and since it falls squarely within the purview of General Motors Acceptance Corp. v. Holman, 63 Cal.App. 17 [ 217 P. 1086 ], said motion should be granted. The appeal is dismissed. Works, P.J., and Fricke, J., pro tem., concurred.