Can a defendant withdraw an appeal and pay the fine in a non-record municipal court?

• A. No, not without a writ of procedendo
• B. Yes, with the judge's approval
• C. Yes, with a writ of mandamus
• D. No, never allowed

Answer: (A)

The question tests how appellate remedies control actions in a municipal court, especially when there’s no formal appellate record. In a non-record municipal court, you can’t simply decide to withdraw an appeal and pay the fine on your own or expect the judge to grant it informally. The proper mechanism to obtain that result is a writ of procedendo, which asks the higher court to order the lower court to proceed with the action—here, to move forward with terminating the appeal and allowing payment of the fine. A writ of mandamus would target a public official to perform a duty, which isn’t the precise remedy for this situation. Relying on the judge’s approval isn’t the procedural route the question envisions, and saying it’s never allowed ignores the specific writ available to compel the required action. So, the best answer is that you need a writ of procedendo to withdraw the appeal and pay the fine in this context.