145 N.W.2d 337
File No. 10303.Supreme Court of South Dakota.
Opinion filed October 5, 1966
Appeal and Error.
An appeal would be deemed abandoned where more than 60 days elapsed since date record was settled, and appellant failed to serve or file an appellant’s brief as required by rules of the court.
Appeal from a judgment of the Circuit Court of Pennington County.
Appeal dismissed and judgment affirmed.
Robert Lafleur, Rapid City, for defendant and appellant.
Frank L. Farrar, Atty. Gen., Pierre, David F. Sieler, State’s Atty., Rapid City, for plaintiff and respondent.
PER CURIAM.
Page 307
The record in this action was settled on November 26, 1965, and although more than sixty days have elapsed since that date, the appellant has failed to serve or file an appellant’s brief as required by the rules of this court. The appeal is therefore deemed abandoned.
Our order will be that the appeal be dismissed and the judgment of the trial court affirmed.