Legal Question in Civil Litigation in Alabama

briefs on appeal

I have filed a notice of appeal and an appellant's brief in

a civil matter. The opposing party failed to file an

appellee's brief in the required 21 days and did not ask

for an extension. Does anyone have thoughts on what

this means? What is the impact of the appellee failing

to file a brief in a civil case? I live in a county where

trial-court judges are notorious for favoring ''local

counsel,'' and that has happened throughout my case.

For example, I filed several properly executed and

supported motions for summary judgment and the

opposing party (plaintiff) did not respond to any of them.

Still, MSJs were denied. Also, trial court allowed

amendment to plaintiff's complaint to move forward

even though it was filed several weeks late. I've seen

some evidence that the trial-court judge may have

influence on the appellate court. Could this be why

opposing party hasn't filed an appellee's brief? Maybe

he knows he can prevail anyway, so why bother?

Thoughts?

Any advice on how to deal with the system when

judges at trial-court level repeatedly rule contrary to law,

and appeals courts evidently will do nothing about it?


Asked on 2/22/05, 3:38 pm

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: briefs on appeal

Well, I'd really have to see what's been filed and maybe what the judge says on the case action summary in order to give you an opinion that's worth anything. Sure, I think every lawyer has felt a little "home-cooked" from time to time and I have seen a few judges make a ruling that is not really in line with current law but I would be surprised to find one actually going really far outside the boundaries. As for why opposing counsel hasn't filed a brief, I can't even begin to speculate. It could be anything from a mistake to laziness to arrogance. If you need more information, shoot me an email with the case number and party names and maybe I can take a look at what's been filed the next time I'm down at the courthouse and give you a better answer. Good luck!

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Answered on 2/22/05, 9:27 pm


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