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  1. #1
    Join Date
    Jun 2017
    Posts
    26

    Wink What Happens if You Miss the Deadline for Filing an Appellate Brief

    My question involves a child custody case from the State of: FLORIDA

    My Ex-wife and I finished a custody case here in Florida in June (4 months ago) in which I won full custody of my son. Within a few weeks though, she filed an Appeal. Her and her attorney could not file their initial brief on time for whatever reasons, so they filed a motion for a 30 day extension. September 29th, 2017 was the deadline for that extension and for the Brief to be filed. They filed a second motion for an extension just 2 days before the deadline, but it wasn't approved until today, October 2, 2017.

    They missed the deadline to file their initial brief on time, so how was their motion granted After the deadline!??

    What would be my next step? Can I make a Motion to dismiss the case?

    What is the point of having "Deadlines" if they don't mean anything?


    Thanks in advance!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Deadline to File Has Past

    They filed within the statutory limit, per your own words. Here, I'll highlight those words for you:

    "They filed a second motion for an extension just 2 days before the deadline"

  3. #3
    Join Date
    Jun 2017
    Posts
    26

    Default Re: Deadline to File Has Past

    Thanks Smartass!

    Now want to tell me why that matters as the deadline came and went before it was approved??

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Deadline to File Has Past

    Quote Quoting Breezy70
    View Post
    Thanks Smartass!

    Now want to tell me why that matters as the deadline came and went before it was approved??
    Because it was filed before the deadline.

    This is why you need an attorney. You are clearly in way above your head.

    You're welcome.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Deadline to File Has Past

    Quote Quoting Breezy70
    View Post
    Thanks Smartass!

    Now want to tell me why that matters as the deadline came and went before it was approved??
    It's the filing date that counts, not the approval date.

    By the way, did you file a response to the motion explaining why her motion shouldn't be granted.

    Or didn't you know that you could do that?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deadline to File Has Past

    All courts can grant motions to extend filing times and, as previously noted, they may grant a motion filed before a deadline even after the deadline has passed.

    In addition, appellate courts can extent filing times based upon a motion or stipulation filed after the deadline is missed.

    If the court extended the deadline to (or past) the date that a brief is filed, even if the brief was "late" under the prior deadline, the court has excused its lateness.

    Courts may impose consequences for late filings. You incur motion fees; the court may sometimes assess costs or impose a fine; the court may require that the party who filed a brief late get permission to participate in oral argument, etc.

  7. #7
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Deadline to File Has Past

    Quote Quoting Breezy70
    View Post
    Thanks Smartass!

    Now want to tell me why that matters as the deadline came and went before it was approved??
    They had to FILE before that time. There's nothing about it being APPROVED before that time. So they did what they were supposed to do. They filed before the 29th. They can't control when a judge approves something. The stipulation is FILE before 29th. They did that. So they did nothing wrong.

  8. #8

    Default Re: Deadline to File Has Past

    It'd be too difficult for anyone to know how long it would take for the destination to process things and account for that when filing. For instance, April 15 is the tax deadline, and we are allowed to file our taxes without an extension up to that day. The IRS is not exactly known for their efficiency to approve our tax filings immediately, so if we file our taxes on April 2, but the IRS doesn't actually approve and check it until April 30, are they allowed to charge us a late fee because they approved it after the April 15 deadline? Not to mention a lot of people would accuse government organizations for purposefully doing things slowly to be able charge more fees. The only fair way to the public is to have it based on when you file the document or get it postmarked.

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