Yea I wouldn't pull out the cigars yet
Appeal dismissed for failure to file opening brief. 03/26/2013 ,,,,,LOL,,,,
by maisha 55 Replies latest jw friends
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zed is dead
Just a thought, could they miss the deadline because the court is closed for Passover?
zed
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RubaDub
could they miss the deadline because the court is closed for Passover?
or Judge Hebowitz takes the day off.
Rub a Dub
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Band on the Run
The party should not be punished for the lawyers omissions. 144.001 report that the WT appellate lawyer's have a great reputation.
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irondork
bookmarked
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AnnOMaly
The thing is, they already missed the March 11 deadline which prompted the court to give a 15 day notice that the case 'may' be dismissed. Either the WTS attorneys should have submitted their opening brief or they should have asked for an extension. If it was a genuine 'oopsie' then why didn't the attorneys ask for an extension as soon as they were given the 15 day notice? The 15 days are now (just about) up and still not a peep from them so far. I find that curious ... unless, they are indeed planning to do something at the 11th hour.
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AnnOMaly
A reminder:
http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_220
2013 California Rules of Court
Rule 8.220. Failure to file a brief
(a) Notice to file
If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party by mail that the brief must be filed within 15 days after the notice is mailed and that if the party fails to comply, the court may impose one of the following sanctions:
(1)
If the brief is an appellant's opening brief, the court may dismiss the appeal;(2)
If the brief is a respondent's brief, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant.(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 2007.)
(b) Combined brief
A party that is both an appellant and a respondent under rule 8.216 may file its combined respondent's brief and appellant's reply brief within the period specified in the notice under (a).
(Subd (b) amended effective January 1, 2007.)
(c) Sanction
If a party fails to file the brief as specified in a notice under (a), the court may impose the sanction specified in the notice.
(Subd (c) amended effective January 1, 2008.)
(d) Extension of time
Within the period specified in the notice under (a), a party may apply to the presiding justice for an extension of that period for good cause. If the extension is granted and the brief is not filed within the extended period, the court may impose the sanction under (c) without further notice.
Rule 8.220 amended effective January 1, 2008; repealed and adopted as rule 17 effective January 1, 2002; previously amended and renumbered effective January 1, 2007.
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Dismissing servant
Is it possible that the WT regards the case as already lost? But they are trying to postpone the verdict to eliminate media coverage? At least they probably didn't wish to have meda attention so close to the memorial.
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144001
Band,
My comments were directed at the firm they used for trial. The WT has a different firm handling their appeal. I am not familiar with them but assume they are talented enough to land a client as large and wealthy as the WTBTS. We will soon see how good they are.
Missing that deadline would be dangerous for the lawyers. It could make them liable to the WTBTS for the full amount of the Conti judgment (if a subsequent CCP 473 motion failed to reinstate the appeal). I'm expecting that they will not take that risk; they will get the brief or an extension filed today.
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maisha
I am confused here, since the court website clearly says the appeal has been dismissed...
If the brief is an appellant's opening brief, the court may dismiss the appeal;