ROBINSON v. REDMOND

SPERRY, Commissioner.

This is an appeal by Mr. Redmond from an "order refusing to revoke appointment of receiver" in an action for an accounting brought against him by Mr. Robinson.

Respondent has filed his motion in this court, to dismiss the appeal for failure to file transcript within the time prescribed by law. Appellant has filed no suggestions in opposition.

From an examination of the records filed herein it appears that "Notice of Appeal" was filed in circuit court on August 31, 1950; that a transcript was filed in circuit court on November 29, 1950; that a transcript was filed in this court on March 23, 1951, more than six months after notice of appeal was filed.

No extension of time for filing of transcript was ever sought or ordered by the circuit court, or by this court. See Sections 512.130 and 512.140, R.S.Mo. 1949.

Because of appellant's failure to file a transcript within the time permitted by law the appeal should be dismissed. The interests of justice are not adversely affected by this action.

BOUR, C., concurs.