Nelson v. National Guaranty Life Co.

This is a motion to dismiss an appeal or to affirm the judgment rendered by the trial court. The grounds stated in the notice of motion are that the appeal was taken for delay only and that the questions on which decision of the cause depends are so insubstantial as to require no further argument. The language of the motion follows strictly the verbiage of section 3, Rule V, of the rules promulgated for the Supreme Court and the District Courts of Appeal and it is apparent that the motion is made pursuant to the provisions of said section. In the points and authorities submitted by respondent in support of the motion the statement is made that appellant’s opening brief was not filed within the time permitted by sections 4 and 5 of Rule I of said above-mentioned rules. This statement appears under the title “Appeal Taken For Delay Only”. We take it that the fact that appellant’s brief was not filed on time is by no means conclusive that the appeal herein was taken for delay only. Respondent has not moved to dismiss the appeal on the ground of appellant’s delay in filing his opening brief. Furthermore, our records show that appellant’s opening brief was filed with this court on…