
So we* have a case that's cursed. Cursed, I tell you. It's been troublesome since the beginning, with lots of diificulty in obtaining the record, getting the co-counsel to cooperate, etc. etc. So then we take it on and file an appeal. The opposing counsel makes a motion for extension of time, and part of their reasoning is based on the postage mark on her copy of the brief being incorrect and therefore unable to verify we followed the rule on filing. Even though she acknowledged receiving the brief in accordance with the rule. Lame. We file a response, not opposing the extension, but verifying we followed the rule. The court allows the motion. A week later, we get our response returned to us in the mail, with no explanation -- it never made it to the court.
Opposing party's brief was due yesterday. Instead of a brief, they filed a motion to disallow the appeal. And based on me overhearing a conversation between my boss and our friendly neighbor attorney who shares the office -- the motion has some stick, and we may be screwed. At least, we may have to go back, get a summary judgment, then make the appeal again. So yes, this case is cursed.
But thankfully, none of this is on my head. Though I fear for my co-worker/quasi-co-supervisor, aka Moody Famous-Hot Attorney. This will not put her in good spirits, nor help her in already dwindling morale.
I can relate completely.
*we: by "we", I mean "the organization", or at least 9/10 the two attorneys and 1/10 me. I am not pretending to have input on the content of the brief -- only the structure and it's ultimate delivery.