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Question about rules of appellate procedures

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D

disneeworld

Guest
What is the name of your state? FLA

I am currently (pro se) appealing an unemployment compensation denial of benefits case with the 5th DCA of Fl. The rules of appellate procedure state I had 30 days to file my initial brief after the appeal was filed. However, this had to be delayed/extended twice because the lower tribunal, i.e THE UNEMPLOYMENT APPEALS COMMISSION, and aka the appellee, was delayed in preparing the transcript and record due to work/case overload.I received the transcript/record 1/17/04 and my final due date for brief was 2/11/04. I managed in 3 weeks to put a decent case together for myself and promptly delivered my brief in person to the court on 2/9/04. The rules state that the appellee's answer brief,if any, must be filed within 20 days of the appellant's initial brief, i.e. 3/2/04. There was no answer brief filed by that deadline. On 3/4/04(2 days after THEIR due date) I received a copy of their motion to the COURT that they needed to extend the deadline for them to file their answer brief because of heavy workload. They indicated for reasons that they had not asked for any extension previous and that they could not consult with counsel for approval or agreement(ME) because I was pro se.
SO I immediately objected to this and filed such a motion to deny their request since 1-I could have been contacted to consult and I was not..and 2- because they failed to request this within their 20 day allottment, per procedure.and3- because their excess workload is not my responsibilty.
Today(online view of case) I see that the COURT went ahead and granted them their 30 days, which is 4/2/02......I find this abominable...maybe I am misinterpreting the law or maybe they have the judges or the clerk in their back pockets, but I did everything according to the letter of the law where appeals procedure was concerned, and yet the Commission is getting all kinds of extra time benefits and allowances, for not following procedure.
So my question is..is this common practice that the due dates for briefs etc are not routinely followed as stringently as written in procedures ....or have I been given a raw deal and should appeal this further(based on technicalities), if I end up losing the case?
Thank you.
 


stephenk

Senior Member
what prejudice would you incur if the court would not allow them an extension of time?

the courts are inclined to hear matters on their merit. you would most likely have been granted a similar extension of time if you had filed a motion for such an extension.
 
D

disneeworld

Guest
stephenk said:
what prejudice would you incur if the court would not allow them an extension of time?

the courts are inclined to hear matters on their merit. you would most likely have been granted a similar extension of time if you had filed a motion for such an extension.

THX for the reply...I think it would have been to my advantage if the Commission was denied filing an answer brief, ON THIS TECHNICALITY, and basically judged the case on the transcript/record and my pro se initial brief argument, as opposed to having the COMMISSION and their legal team formulate a potentially stronger case against me. I would not be questioning this if they had filed ON TIME as I did. In addition I did ask for and was given 2 previous extensions because the COMMISSION hadn't prepared the transcript on time, in 2 consecutive months.
My point is that many cases are dismissed or overruled or reversed because of technicalities, are they not? So Why shouldn't I take advantage of this one?? (assuming I am right to question it)..in the event the JUDGES view the merits of my argument as weak or insufficient to win the case, I should take advantage of every legal aspect/loophole at my disposal, right?:confused:
 

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