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foolish

Belated Relief

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I recently filed a motion for summary reversal of a district courts order, while the appellee's failed to file their dispositive motion and respond to mine.  The Court ordered them to file any response. My questions can the appellee's sneak in their own motion for summary reversal in the response, when they didn't file their own in a timely fashion wiyhin the prescribed time?  

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7 hours ago, Tax_Counsel said:

Sure, the government can do that. What the court would do with it depends on the details of the case, which of course I do not know.

 

I understand that they can do that. But can I file an opposition for the court to strike, ignore, reject or even deny that relief since to it went beyond the court ORDR directing the government to file any response to my motions for summary reversal. ..  I feel that they forfeited (waived) requesting that relief when the time expired to file their own dispositive motion, its like to a second bite of the apple when they wasted taking the first bite of the apple. 

 

Let me know if I am correct if the court sets out a briefing schedule and I wasted that time to timely file a dispositive motion but I combined my response with a dispositive motion of my own, which I failed to file in the first place wouldn't the opposing file a motion for the Court to disregard, reject, or deny that relief. 

 

What would that motion be called.    I can't afford for the court to think by my silence that  that blatant move for belated relief is acceptable and not opposed. To the contrary, the second I read the heading, I can't let it go by silence what can I do?   

 

 

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This question goes back to my June 18, 2018 post, the question simply keeps festering in my mind.  Here is the scenario,  once the allotted  time to file dispositive motions placed by both circuit rule and by Clerk (Court) order and one party timely files theirs while the other party fails to file their own and fails to respond to the dispositive motion.  

 

'''Shouldn't the Clerks order be an 'order to show cause why relief should not be granted' instead of an order for appellees to file 'any response'''. Which impliedly opened the door to file an otherwise procedurally barred motion? 

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You are suggesting your motion should automatically be granted unless it is affirmatively opposed.  That is not the way it works.  If I recall correctly, you lost in the court below.  Unless the circuit court is persuaded the court below was in error, the normal course would be to affirm, not reverse.

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21 minutes ago, RetiredinVA said:

You are suggesting your motion should automatically be granted unless it is affirmatively opposed.  That is not the way it works.  If I recall correctly, you lost in the court below.  Unless the circuit court is persuaded the court below was in error, the normal course would be to affirm, not reverse.

 

Actually, that's the last thing I am not suggesting that my motion be automatically granted because it was not opposed what I asked shouldn't have the Clerk issued an order to show cause why relief should be granted (on the issues raised) instead of permitting appellees file a procedurally barred motion that it didn't file in the first place. Your correct that I lost in the lower court but that's why I appealed however the standard of review I believe is not error but abuse of discretion.  Additionally, I understand the normal course of action is to affirm a lower court order but this case is far from that normal course of action.   

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Strangely, almost all appellants believe their case is far from the normal course of action.  Realize that in order to overturn the lower court the appellate court is going to have to write an opinion stating why they found the lower court had abused its discretion and directing the lower court to do something different.  To uphold the lower court, the appellate court merely writes a one sentence order affirming their brethern's actions.  If the lower court had discretion it is difficult to impose reigns on that discretion.

 

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6 minutes ago, RetiredinVA said:

Strangely, almost all appellants believe their case is far from the normal course of action.  Realize that in order to overturn the lower court the appellate court is going to have to write an opinion stating why they found the lower court had abused its discretion and directing the lower court to do something different.  To uphold the lower court, the appellate court merely writes a one sentence order affirming their brethern's actions.  If the lower court had discretion it is difficult to impose reigns on that discretion.

 

I appreciate the insight you find ironic, but the question is whether I believe my case is apart from others or how long an upper courts order is or is not to uphold or reverse order.   The question was should have the clerk issued an order to 'show cause why relief should not be granted on the issues raised instead of an order impliedly permitting the filing of an otherwise procedurally barred motion. That was my question.  I don't want  my question to get on other issues.    

 

 

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18 hours ago, foolish said:

I appreciate the insight you find ironic, but the question is whether I believe my case is apart from others or how long an upper courts order is or is not to uphold or reverse order.   The question was should have the clerk issued an order to 'show cause why relief should not be granted on the issues raised instead of an order impliedly permitting the filing of an otherwise procedurally barred motion. That was my question.  I don't want  my question to get on other issues.    

 

 

 

 
Let me clarify on this post, it seems that there was glitch in my keyboard that I overlooked of omitted words therefore I will repost prior question in corrected version:
 
                   ''I appreciate the insight you find ironic, but the question is ''not''  whether I believe my case
                  is apart from others or how long an upper courts order is or is not to uphold or reverse order.  
                  The question was should have the clerk issued an order to 'show cause why relief should not
                  be granted on the issues raised instead of an order impliedly permitting the filing of an otherwise
                  procedurally barred motion. That was my question.  I don't want  my question to get ''lost'' on other issues.''  
 
Actually, my question inclined being more rhetorical and therapeutic. . , I understand that its up to the Court to decide the issues on the merits I just was seeking constructive input based on experience.  . . 
 
I think its important here to say that I try to keep my personal feelings out of this for my own sake and be objective despite the adverse experiences I constantly face but my frustration escapes, so please ignore when I vent.
 
Again thanks anyways for the replies.      
 
 

 

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