Legal Question in Appeals and Writs in Florida

Answer Brief 4 days late

We filed an initial appeal with the 2nd District Court of Appeals in FL.

The opposing attorney petitioned for a 30 day extension to file the answer brief, which was granted. The answer brief was due on April 30, but was not filed until May 3rd.

Do we have any recourse to have the answer brief rejected due to the missed deadline?

This attorney has consistently postponed everything as long as she possibly can, and this is a terrible tactic, as a father's ability to see his children hang in the balance of this appeal.

Any help/advice appreciated!

Thanks


Asked on 6/27/04, 3:35 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Answer Brief 4 days late

Although it is unlikely that it would be granted, try and file a "motion to strike answer brief" for failure to timely serve the brief within the time set by the court in its previous order.

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Answered on 6/27/04, 4:15 pm


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