STATE ROADS v. MD. MATERIALS

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.

PER CURIAM.

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.