will the appeals court send any show cause notice to appellee?

[jimmy2]

What is the name of your state? Florida

I am pro se appellant at Florida district court of appeals and I filed the initial brief on time. Appellee hasn’t filed answer brief on time and he did not request for extension of time to file. If appellee does not file, does the appeals court send him any reminder or notice alerting/ show cause him, giving him some additional time, to file the answer brief OR will the case be decided based only on the initial brief, without any further alert/show cause to the appellee?

 

[adjusterjack]

I suggest you study up on the Florida Rules of Appellate Procedure:

https://www-media.floridabar.org/uploads/2017/10/Appellate-Court-Rules-10-01-17.pdf

The answer is probably in there someplace.

 

[jimmy2]

thanks for the answer, but, I did not find a specific answer in the Fl. Rules of App. Procedure. I have even read https://www.1dca.org/content/download/209377/1865173/Noticetoattyparties 110717.pdf

 

[Zigner]

thanks for the answer, but, I did not find a specific answer in the Fl. Rules of App. Procedure. I have even read https://www.1dca.org/content/download/209377/1865173/Noticetoattyparties 110717.pdf

Then it might be time for you to talk to an attorney.

 

[LdiJ]

What is the name of your state? Florida

I am pro se appellant at Florida district court of appeals and I filed the initial brief on time. Appellee hasn’t filed answer brief on time and he did not request for extension of time to file. If appellee does not file, does the appeals court send him any reminder or notice alerting/ show cause him, giving him some additional time, to file the answer brief OR will the case be decided based only on the initial brief, without any further alert/show cause to the appellee?

One major concern will be whether or not you properly served the appellee in the first place. The court won't serve him anything. That is all on you.

 

[adjusterjack]

thanks for the answer, but, I did not find a specific answer in the Fl. Rules of App. Procedure. I have even read https://www.1dca.org/content/download/209377/1865173/Noticetoattyparties 110717.pdf

You missed Rule 9.410 and in the second link you missed the reference to the "Self Represented (pro se) Appellate Handbook."

http://prose.flabarappellate.org/pdf/Edit_ProSe_English_2016.pdf

 

[jimmy2]

thanks agin for the answer. Yes, I properly served the appellee my initial brief. The pro se hand book also does not discuss this situation.

 

[adjusterjack]

It's easy to go to court pro se...Until it isn't. Then you need a lawyer.

Nobody here can give you step by step legal advice, nor can anybody at the courthouse. When you go to court pro se you are supposed to know all the processes and procedures, just as any lawyer would.

I pointed you to Rule 9.410. If you can't figure out how to use that Rule then you either hire a lawyer or you just wait until your opponent files his responsive brief, whenever that may be.

 

[jimmy2]

I got your point, thank you adjusterjack