Narrative Opinion Summary
Appellant's motion for clarification in Case Nos. 2D99-2946 and 2D99-2956 is granted, resulting in the unconsolidation of the cases. The prior opinion from October 20, 2000, is withdrawn, and a new opinion for Case No. 2D99-2956 is substituted. In Case No. 2D99-2946, the court has granted an extension for the appellant to file an initial brief, now due sixty days from the January 10, 2001 order. As of now, no brief has been submitted. The appellant must file the initial brief within ten days or face dismissal of the appeal. The appellee will have ten days to file their brief if the appellant submits theirs, followed by a five-day period for the appellant's response. The appellee's motion to dismiss is denied at this time, pending compliance with this order. The decision is affirmed with concurrence from Judges Campbell, Casanueva, and Davis.
Legal Issues Addressed
Consequence of Non-Compliance with Brief Submission Deadlinesubscribe to see similar legal issues
Application: Failure to submit the initial brief by the appellant within the specified ten-day period will result in dismissal of the appeal.
Reasoning: The appellant must file the initial brief within ten days or face dismissal of the appeal.
Denial of Motion to Dismiss Pending Compliancesubscribe to see similar legal issues
Application: The appellee's motion to dismiss the case is denied temporarily, conditional upon the appellant's submission of the brief as ordered.
Reasoning: The appellee's motion to dismiss is denied at this time, pending compliance with this order.
Extension for Filing Initial Briefsubscribe to see similar legal issues
Application: The appellant in Case No. 2D99-2946 was granted additional time to file the initial brief, extending the deadline to sixty days from the order date.
Reasoning: In Case No. 2D99-2946, the court has granted an extension for the appellant to file an initial brief, now due sixty days from the January 10, 2001 order.
Motion for Clarification and Unconsolidation of Casessubscribe to see similar legal issues
Application: The appellant's motion for clarification resulted in the separation of the previously consolidated cases, allowing for individual adjudication.
Reasoning: Appellant's motion for clarification in Case Nos. 2D99-2946 and 2D99-2956 is granted, resulting in the unconsolidation of the cases.
Withdrawal and Substitution of Judicial Opinionsubscribe to see similar legal issues
Application: The court withdrew its previous opinion and substituted a new opinion specifically for Case No. 2D99-2956.
Reasoning: The prior opinion from October 20, 2000, is withdrawn, and a new opinion for Case No. 2D99-2956 is substituted.