[Download] "Henry F. Gaddy v. State Board Registration" by Springfield District Missouri Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Henry F. Gaddy v. State Board Registration
- Author : Springfield District Missouri Court of Appeals
- Release Date : January 23, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is an appeal from a judgment of the Circuit Court of Jasper County affirming upon judicial review [Sec. 334.100, subsec.
3; Secs. 536.100 to 536.140, incl.] 1 an order of the State Board of Registration for the Healing Arts (hereinafter referred
to as the Board) dated November 23, 1963, revoking the license of Henry F. Gaddy, D.O., to practice the healing arts in Missouri. At the outset, we are confronted with the Board's motion to dismiss Gaddy's appeal because the transcript on appeal was not
filed "within 90 days from the date of filing of the notice of appeal" [Rule 82.18], i.e., within 90 days after July 28, 1964,
the date on which Gaddy filed his notice of appeal to the Supreme Court of Missouri, by whom the case subsequently was transferred
to this court. It is true that the transcript was filed in the Supreme Court on November 2, 1964, 97 days after the date of
filing of the notice of appeal; that the circuit court had not extended the time for filing the transcript and, indeed, would
have had no authority to do so by reason of the failure of appellant's counsel to comply with the requirement that "the transcript
on appeal be ordered in writing from the court reporter within 30 days after the filing of such notice of appeal and a duplicate
copy of such written order to the reporter be filed in the case within 15 days thereafter" [Rule 82.19], and that no application
was presented to the Supreme Court or to this court invoking the exercise of the discretionary power of the appellate court
under Rule 83.26 to extend the time for filing the transcript. Clader v. City of Neosho, 354 Mo. 1190, 1191, 193 S.W.2d 620,
621; Heard v. Frye's Estate, Mo. App., 319 S.W.2d 685, 687(7). In these circumstances, the appeal properly might be dismissed.
School Dist. No. 24 v. Mease, Mo. App., 193 S.W.2d 513.