Brown v. McCabe & Pietzsch, P.A.
Brown v. McCabe & Pietzsch, P.A.
Opinion of the Court
ORDER
The Browns filed this appeal from an order of Chief Judge Lamar Davis of the United States Bankruptcy Court. Appellees have filed a motion to dismiss, which the Court now grants.
Pursuant to Bankruptcy Rule 8007, the Record on Appeal was docketed with this Court on November 10, 1994, obligating Appellants to file their brief within fifteen days. Bankruptcy Rule 8009(a)(1). Appellants filed their brief on February 3, 1995, more than two months later. They missed the deadline.
Normally the Court would end here, but Appellants’ response to Appellee’s motion to dismiss requires the Court to pursue some necessary clarifications on the subject of inexcusable — as opposed to excusable — delay. FIRST: Blaming the United States Postal Service DOES NOT CREATE EXCUSABLE DELAY. SECOND: Blaming the lack of resources that plagues many sole practitioners DOES NOT CREATE EXCUSABLE DELAY. THIRD: Blaming the flu DOES NOT CREATE EXCUSABLE DELAY. FOURTH:. Blaming the Court for “extended holiday breaks” DOES NOT CREATE EXCUSABLE DELAY.
The Court sincerely hopes that the above enumerations further guide members of the bar along the path of trouble-free litigation. Appellee’s motion to dismiss this appeal is GRANTED.
SO ORDERED.
. The word "deadline” was coined by Union soldiers held at the Andersonville prison camp during the War of Northern Aggression. Confederate guards summarily executed any prisoner crossing a preordained line on the camp grounds; thus, the term "deadline.” See McKin
. Counsel first asked for leave to file his brief on January 26, 1995, two months after it was due. The Court hopes it is not unduly troubling anyone by kindly requesting that motions for extensions of time be filed before the deadline for filing the materials in question.
. The Court was closed for one weekday during the month of December, 1995: the day after Christmas.
Reference
- Full Case Name
- Steven Fentress BROWN and Patricia Sue Brown v. McCABE & PIETZSCH, P.A.
- Status
- Published