Lopez v. Bass

District Court of Appeal of Florida

Lopez v. Bass

868 So. 2d 560, 2004 Fla. App. LEXIS 622, 2004 WL 136373

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 2004

DocketNo. 3D03-2535

StatusPublished

This text of 868 So. 2d 560 (Lopez v. Bass) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lopez v. Bass, 868 So. 2d 560, 2004 Fla. App. LEXIS 622, 2004 WL 136373 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

This is a Petition for Writ of Certiorari challenging an order denying the motion of petitioner (appellee at the circuit level) to accept the answer brief as timely filed. Petitioner alleges that the second motion for enlargement of time to file answer brief was denied on July 9, 2003, but petitioner’s counsel never received the order. The order did not give petitioner a deadline within which to file the brief. Petitioner filed her brief on July 21, 2003, but the circuit court refused to accept the brief as timely.

We deny certiorari without prejudice because at this point petitioner cannot show irreparable harm. Even though her brief has been refused, she may still prevail on the merits of her appeal.

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PER CURIAM.

This is a Petition for Writ of Certiorari challenging an order denying the motion of petitioner (appellee at the circuit level) to accept the answer brief as timely filed. Petitioner alleges that the second motion for enlargement of time to file answer brief was denied on July 9, 2003, but petitioner’s counsel never received the order. The order did not give petitioner a deadline within which to file the brief. Petitioner filed her brief on July 21, 2003, but the circuit court refused to accept the brief as timely.

We deny certiorari without prejudice because at this point petitioner cannot show irreparable harm. Even though her brief has been refused, she may still prevail on the merits of her appeal.

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Bluebook (online)

868 So. 2d 560, 2004 Fla. App. LEXIS 622, 2004 WL 136373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-bass-fladistctapp-2004.