Zabaleta, Matter of
Decision Date | 30 December 1981 |
Docket Number | No. 5638,5638 |
Citation | 638 P.2d 648 |
Parties | In the Matter of the Injury to Felipe ZABALETA, an Employee of FMC Corporation. Felipe ZABALETA, Appellant (Employee-Claimant), v. |
Court | Wyoming Supreme Court |
Larry Long, Salt Lake City, Utah, for appellant.
Gary M. Greenhalgh, Rock Springs, for appellee.
Carl J. Hildebrand, Asst. Atty. Gen., for Worker's Compensation Division.
This case came on before the Court upon its own motion for consideration as to whether the appeal should be dismissed. An examination of the files and the record in this case discloses that the Findings of Fact, Conclusions of Law and Judgment was entered in the district court on September 18, 1981. The appellant, prior to that time, had filed a Notice of Appeal, Designation of Record on Appeal, and Certificate That Transcript Be Ordered, on August 27, 1981. That notice of appeal is treated as filed on September 18, 1981, in accordance with Rule 2.01, W.R.A.P. There is not endorsed on the notice of appeal nor is there filed in the record a certificate to the effect that the appellant ordered and arranged for the payment of a transcript of the portions of the evidence deemed necessary for the appeal as required by Rule 2.01, W.R.A.P., although the appellant did designate for the record on appeal, The record on appeal was not filed in this court until December 23, 1981.
Rule 3.02, W.R.A.P., provides as follows:
No proper application to this court to permit the record on appeal to be later filed and docketed has been presented. The failure to timely file a record on appeal is a ground for dismissal,...
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... ... Department of Revenue and Taxation v. Irvine, Wyo., 589 P.2d 1295 (1979); and Regan v. City of Casper, Wyo., 494 P.2d 933 (1972) ... Affirmed ... --------------- ... 1 We were faced with a similar situation in Matter of Zabaleta v. FMC Corporation, Wyo., 638 P.2d 648 (1981), in which we dismissed an appeal to this court for failure to timely file a record. Therein we noted a conflict between Rule 3.02, Wyoming Rules of Appellate Procedure, and § 27-12-615, W.S.1977. Rule 3.02, W.R.A.P., requires the record on appeal to ... ...