liott v. State, 626 P.2d 1044, 1981 Wyo. LEXIS

326 (Wyo. 1981). Dismissal proper for failure to file and serve briefs. — Where time for filing and serving briefs by plaintiff in error had been extended by order, but briefs were not filed and served within the time allowed by such order, there is nothing for court to do but dismiss the cause. Sheehan v. First Macy Ditch Co., 12 Wyo. 176, 73 P. 964, 1903 Wyo. LEXIS 31 (Wyo. 1903) (decided under § 1-421, C.S. 1945). Failure to serve briefs upon a party would make an appeal subject to dismissal. Carr v. Hopkin, 556 P.2d 221, 1976 Wyo. LEXIS 225 (Wyo. 1976). Failure to file briefs or to apply for, or secure, extension of time in accordance with this rule, is sufficient ground for sustaining motion to dismiss. Atkins v. Hunsaker, 29 Wyo. 411, 213 P. 757, 1923 Wyo. LEXIS 18 (Wyo. 1923) (de- cided under § 1-421, C.S. 1945). Where, without presenting any excuse, plain- tiff in error failed to file briefs and did not apply for extension of time, motion to dismiss for that reason must be granted. Lobell v. Stock Oil Co., 21 Wyo. 342, 132 P. 433, 1913 Wyo. LEXIS 18 (Wyo. 1913) (decided under § 1-421, C.S. 1945). Where brief in criminal case was not filed after filing of petition in error, but motion to dismiss for failure so to file and serve brief was, counsel for plaintiff in error not appearing to resist the motion, dismissal of case was proper. Yeager v. State, 22 Wyo. 194, 136 P. 1195, 1913 Wyo. LEXIS 47 (Wyo. 1913) (decided under § 1-421, C.S. 1945). Failure of appellant to file brief within time prescribed by rule requires dismissal. Lawer Auto Supply Co. v. Teton Auto Co., 43 Wyo. 349, 5 P.2d 306, 1931 Wyo. LEXIS 41 (Wyo. 1931), dismissed, 45 Wyo. 119, 16 P.2d 38, 1932 Wyo. LEXIS 51 (Wyo. 1932) (decided under § 1-421, C.S. 1945).