Gallap v. Union Automobile Insurance

McCARTHY, C. J. Respondent moves to dismiss the appeal on the ground that the transcript was not filed in this court within 90 days after the perfection of the appeal, as required by Rule 26, and the time to file the transcript was not extended as provided by Rule 28. The facts are as stated in the motion. Appellant has not shown any reason or excuse for not obtaining an extension of time within which to file the transcript in this court. "While a stipulation in regard to the contents of the transcript was entered into after the making of the motion to dismiss, it expressly saves all rights under that motion. Under Rules 26, 28 and 29, as interpreted and enforced consistently by a long line of decisions beginning with Iowa State Savings Bank v. Twomey, 31 Ida. 683, 175 Pac. 812, and ending with Intermountain Assn. of Credit Men v. Bexburg Farmers Society of Equity, 38 Ida. 121, 220 Pac. 114, appellant’s failure to apply for an extension of time within which to file his transcript constituted lack of diligence, and, being unexplained and unexcused, is ground for dismissing the *354 appeal. The motion to dismiss is therefore granted, with, costs to respondent. Budge and William A. Lee, JJ., concur.