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Legal Update

on Wed, 06/13/2012 - 04:55

STATUS OF APPEAL: The Court of Appeals has given TFPE and the other Appellees an extension of time until July 13, 2012 to file their briefs. You may have heard some ungrounded grousing about this on another FB page, so we thought we should set the record straight. There is no cause to complain about extension of time granted to the Appellees (the Larue and Taxpayers plaintiffs) in the voucher case to file their appellate briefs, because the extension was very reasonable under the circumstances – and even with the extension, the Appellees had months less time to write their briefs than the Appellants (DCSD and the State Board) did. Here is why the extension of time was granted:

1) The issues in this case are numerous and complex – as the Appellants noted in their own requests for extension of time in which to file their own briefs. In addition, the Appellants’ briefs (to which Appellees must respond) total over 200 pages and raise new legal issues that have not been previously raised in this lawsuit.

2) DCSD and the State Board filed two requests for extension of time in which to file their own briefs. In these requests, they asked the court for an additional four weeks of time in which to file their briefs. The Appellees courteously agreed to these requested extensions.

3) Because of the extensions of time requested by DCSD and the State Board, and because of additional extensions of time added on by the appellate court, the Appellants had over four months in which to prepare their briefs after the trial court certified the record – and over eight months after the trial court issued its final order. In contrast, Appellees have two and one-half months to write their briefs after receiving the Appellants’ voluminous briefs.

4) The Appellants’ attorneys agreed that Appellees could have a 30 day extension of time, until the week of July 4, 2012, to file their briefs. Because several of the Appellees’ attorneys have family vacations scheduled during the week of the 4th of July, the Appellees requested an additional week, until July 13, 2012, in which to file their briefs.

5) The Appellants filed no objection to the Appellees’ request for an extension of time until July 13; and the Court of Appeals promptly and appropriately granted the request.


Motion for Enlargement of Time

Order Granting Extension of Time