Doughnut Corp. of America v. Chapman

Sloan, C. J., delivered the opinion of the Court. In this case a motion to dismiss the appeal was filed by the appellee because of delay in the transmission of the record to this court. The docket entries show that judgment was entered December 21, 1942. February 20, 1943, an order for appeal was filed, which was the last day, but one, in which it could have been taken.

The record was transmitted to this court on June 10, 1943, and received and filed here on June 11, 1943, three weeks after the time fixed by statute and the rule of this court. Art. 5, Sec. 6, Code, 1939; Rule 2. December 18, 1942, an order was passed extending the time for filing the bill of exceptions to February 28, 1943. February 23, 1943, the time was further extended to sixty days from February 28, 1943. ⁴⁹⁵ April 10, 1943, the time was further extended to sixty-days from April 28, 1943, or five weeks beyond the time allowed for transmission of the record.

The bill of exceptions was not filed until May 29, 1943, three months and nine days after the appeal was taken. On June 8, 1943, the clerk sent letters to counsel to examine the record before transmission to the Court of Appeals. The same day it was examined by counsel for appellants. On June 9th, a letter was received by the clerk from counsel for the appellee that they refused to examined the transcript because the time for transmitting the same to the Court of Appeals had expired.

The next day it was transmitted. The law with respect to time within which appeals can be taken, bills of exception signed, and records transmitted has been fully covered in the case of Marx v. Reinecke, 142 Md. 342 , 120 A. 876 , and a reference to that case is alone sufficient to support the motion to dismiss in this case. See also Presstman v. Fine, 162 Md. 133, 136 , 159 A. 265 ; Williams Realty Co. v. Robey, 175 Md. 532, 534 , 2 A. 2d 683 ; Brill v. State, 144 Md. 68, 69 , 124 A. 414 ; Price v. State, 160 Md. 670, 671 , 154 A. 556 . Section 6, Article 5, of the Code, 1939,