Opinion
[No. 126, September Term, 1964.]
Decided January 6, 1965.
APPEAL — Failure To Transmit Record In Time — Evidence Permitted Finding That This Was Not Occasioned By Neglect, Omission Or Inability Of Clerk Of Lower Court, Court Stenographer Or Appellee. p. 622
Decided January 6, 1965.
Appeal from the Circuit Court for Cecil County (ROLLINS, J.).
Condemnation proceeding instituted by the State Roads Commission of Maryland against Maryland Materials, Inc. The jury returned an inquisition, and the Commission's motion for a new trial was overruled. From an order dismissing the appeal taken by the Commission, it appeals.
Affirmed, with costs.
The cause was argued before HAMMOND, HORNEY, MARBURY, SYBERT and OPPENHEIMER, JJ.
Carl H. Lehmann, Jr., and J. Thomas Nissel, Special Attorneys, with whom were Thomas B. Finan, Attorney General, Joseph D. Buscher, Special Assistant Attorney General, and Walter W. Claggett, Special Attorney, on the brief, for the appellant.
Leonard H. Lockhart, with whom was Harry J. Goodrick on the brief, for the appellee.
The trial judge after a full hearing found that the failure of the appellant to transmit the record on appeal to the Court of Appeals in time was not, in the words of Md. Rule 825 d, "* * * occasioned by the neglect, omission or inability of the clerk of the lower court, the court stenographer or appellee * * *," and dismissed the appeal under Md. Rule 813. The facts found in the record clearly permitted the finding the trial judge made.
Order affirmed, with costs.