Legal Question in Appeals and Writs in Florida

motion to dismiss


I just sent in a question about what kind of motion to file if l filed my initial brief and my ex has not filed his answer brief in 36 days which should be 25 days. I put reply brief instead of answer. He has not responded by any means not even asking for extra time to file. would my motion be titled '' Motion to Dismiss answer brief? or something more adequate?

Asked on 6/02/09, 11:24 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: motion to dismiss

A party against whom an appeal has been taken does not have to file an answer brief or even appear in the appeal. If they do not file an answer brief, the court will decide the appeal based on the record and on your brief alone.

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Answered on 6/03/09, 7:19 am
Robert Garven Robert Garven, Esq.

Re: motion to dismiss

File a Motion to Strike brief as untimely when he files his brief (if he files his brief).

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Answered on 6/03/09, 9:55 pm

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