Opinion

Brown v. Brown

  • 854 P.2d 732
  • 1993 WL 261407
Court
Alaska Supreme Court
Filed
Mar 5, 1993
Status
Published
Author
Burke
On the bench
Burke, Compton, Matthews, Moore, Witz
Cited by
1 cases

vacating superior court's decision to dismiss case where brief was filed late and instead ordering attorney to pay fees, costs, and $500 fine under Appellate Rule 510

How later courts described this case

  • vacating superior court's decision to dismiss case where brief was filed late and instead ordering attorney to pay fees, costs, and $500 fine under Appellate Rule 510

Written by the judges who cited it.

The opinion

BURKE, Justice,

dissenting.

I dissent.

The court concedes that, “with appropriate planning and marshalling of resources, appellant’s brief could have been filed without the necessity for a fifth extension of time.” Nevertheless, the court now orders the extension granted, because “[appellant’s attorney] rather than appellant should bear the cost of his derelictions.” 1 Given the number of extensions in the case and appellant’s now established lack of due diligence, I believe dismissal of her appeal was fully warranted. Thus, I would hold *733 that the appeal was properly dismissed, for want of prosecution.

With today’s order, the court sends a clear message: litigants are not only free to ignore the filing deadlines in the Rules of Appellate Procedure, they are even free to disregard an unequivocal statement by a judge that “no further extensions will be granted.” The court’s ruling makes clear that such admonitions are without meaning, and that the time requirements of the Appellate Rules will not be enforced. Wisely, the court stops short of repeating the admonition here.

. The only costs mentioned by the court are those incurred by appellee in opposing the motion for a fifth extension of time, and the present motion for full court reconsideration. Apparently, the cost of any additional harm caused by the delay must be borne by appellee.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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