Johnson v. Gregory, 2--1072A86

• Decision Date: 17 September 1973
• Docket Number: No. 2--1072A86,2--1072A86
• Citation: 301 N.E.2d 255,157 Ind.App. 559
• Parties: Hazel JOHNSON, Appellant, v. Willis GREGORY, Appellee.
• Court: Indiana Appellate Court

Page 255

301 N.E.2d 255

157 Ind.App. 559

Hazel JOHNSON, Appellant, v. Willis GREGORY, Appellee.

No. 2--1072A86.

Court of Appeals of Indiana, Second District.

Sept. 17, 1973.

Rehearing Denied Oct. 17, 1973.

Charles S. Gleason, Gleason, Woods & Johnson, Indianapolis, for appellant.

Robert H. Hahn, George A. Porch, Evansville (Bamberger, Foreman, Oswald & Hahn, Evansville, of counsel), for appellee.

WHITE, Judge.

This is an appeal by the plaintiff from an award of the full Industrial Board denying her workmen's compensation benefits for the death of her husband. The award was entered October 2, 1972, and the Record of the proceedings before the board was timely filed with the Clerk of the court November 3, 1972. Appellant's brief was filed January 2, 1973.

Appellee's brief, filed January 30, 1973, asserts that the Record of Proceedings does not contain an assignment of errors. Appellant has filed no reply brief nor has she in any manner asserted that the record does contain an assignment of errors. Our own inspection of the record likewise fails to reveal an assignment.

We are without jurisdiction and must dismiss. Clary v. National Friction Products, Inc. (1972), Ind., 290 N.E.2d 53, 34 Ind.Dec. 271; same case (1972), Ind.App., 283 N.E.2d [157 Ind.App. 560] 574, 31 Ind.Dec. 270; Means v. Seif Material Handling Company (1973), Ind.App., 300 N.E.2d 895, --- Ind.Dec. ---.

Appeal dismissed.

BUCHANAN, P.J., and SULLIVAN, J., concur.