Alabama | Civil Litigation
Legal Question
briefs on appeal
I have filed a notice of appeal and an appellant's brief in
a civil matter. The opposing party failed to file an
appellee's brief in the required 21 days and did not ask
for an extension. Does anyone have thoughts on what
this means? What is the impact of the appellee failing
to file a brief in a civil case? I live in a county where
trial-court judges are notorious for favoring ''local
counsel,'' and that has happened throughout my case.
For example, I filed several properly executed and
supported motions for summary judgment and the
opposing party (plaintiff) did not respond to any of them.
Still, MSJs were denied. Also, trial court allowed
amendment to plaintiff's complaint to move forward
even though it was filed several weeks late. I've seen
some evidence that the trial-court judge may have
influence on the appellate court. Could this be why
opposing party hasn't filed an appellee's brief? Maybe
he knows he can prevail anyway, so why bother?
Thoughts?
Any advice on how to deal with the system when
judges at trial-court level repeatedly rule contrary to law,
and appeals courts evidently will do nothing about it?
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Read More Answered By: Robert Kreitlein |
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