Legal Question in Appeals and Writs in Ohio
Default
You file a brief as an Appellant on the 20 July 2006. The Appellee
asked for more time in a motion and is granted to the 18 Sept 2006. On the 18th Sept Appellee file motion for more time and is granted to the 16th Oct 2006. Appellee fails to file answer or ask for more time in a motion. On the 28th Dec 2006 Appellee asks for more time after being in default for over two months, and it is GRANTED!
How can this be?
1 Answer from Attorneys
Re: Default
Dear Perplexed:
Without more detailed information, I cannot provide you with a more definitive answer to your question. However, if neither you nor your Attorney took timely action to oppose any extension of time, or file for judgment by default, then the Court made whatever decision it made to extend time, because it was unopposed.
That is within the Court's discretion. You or your Counsel could now petition the Court to review and reconsider, etc.
Good luck.
Sincerely, J. Norman Stark
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