Opinion
No. 2-1072A86.
Filed September 17, 1973. Rehearing denied October 17, 1973.
APPEAL — Absence of an Assignment of Errors — Lack of Jurisdiction. — Where: 1) plaintiff appealed from the denial of her claim for workmen's compensation benefits, 2) appellee's brief asserted that the record of proceedings did not contain an assignment of errors, 3) appellant failed to counter appellee's assertion, and 4) an inspection of the record substantiated such assertion, the Court of Appeals was without jurisdiction and was required to dismiss the attempted appeal.
Attempted appeal from the denial of workmen's compensation benefits.
From the Full Industrial Board of Indiana.
Appeal dismissed by the Second District.
Charles S. Gleason, Gleason, Woods Johnson, of Indianapolis, for appellant.
Robert H. Hahn, George A. Porch, Bamberger, Foreman, Oswald and Hahn, of counsel, of Evansville, for appellee.
This is an appeal by the plaintiff from an award of the Full Industrial Board denying her workmen's compensation benefits for the death of her husband. The award was entered October 2, 1972, and the Record of the Proceedings before the board was timely filed with the Clerk of the court November 3, 1972. Appellant's brief was filed January 2, 1973.
Appellee's brief, filed January 30, 1973, asserts that the Record of Proceedings does not contain an assignment of errors. Appellant has filed no reply brief nor has she in any manner asserted that the record does contain an assignment of errors. Our own inspection of the record likewise fails to reveal an assignment.
We are without jurisdiction and must dismiss. Clary v. National Friction Products, Inc. (1972), 259 Ind. 581, 290 N.E.2d 53, 34 Ind. Dec. 271; same case (1972), 283 N.E.2d 574, 31 Ind. Dec. 270; Means v. Seif Material Handling Company (1973), 157 Ind. App. 492, 300 N.E.2d 895, 38 Ind. Dec. 433.
Appeal dismissed.
Buchanan, P.J., and Sullivan, J., concur.
NOTE. — Reported at 301 N.E.2d 255.