Legal Question in Appeals and Writs in California

Appeals - Failure to file appellant�s opening brief after 90 days. What happens?
Los Angeles, CA Viewed 0 times. Posted less than a minute ago in Appeals
Appeals The Judge in Bankruptcy Court granted SJ dismissing with prejudice the Adversary Proceeding, in my favor (defendant). The Dismissal Order was actually filed 30 days later. The Plaintiff filed an appeal within 10 days of the Order being filed.
It has been 3 months since the Pliantiff filed the Appeal to US District Court.
NO ACTION has happened since.
No appellant�s opening brief has been filed. Doesn't Rule 8009 require that "(1) The appellant shall serve and file a brief within 15 days after entry of the appeal on the docket pursuant to Rule 8007."
The Court has not filed anything on the Docket since the original notice of appeal, more than 90 days ago.
What does failure to file appellant�s opening brief for such a long period mean, if anything?

Asked on 2/03/10, 12:16 am

Robert F. Cohen Law Office of Robert F. Cohen

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You might file with the US District Court a motion to dismiss the appeal pursuant to Rule 8011.

Answered on 2/15/10, 10:42 pm

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