Opinion
DA 23-0031
06-14-2023
IN THE MATTER OF THE ESTATE OF: IAN RAY ELLIOT, Deceased.
ORDER
On May 25, 2023, this Court determined that the Opening Brief of Appellants Jenny Jing, Alice Carpenter, and Mike Bolenbaugh had not complied with M.R. App. P. 10(3) because Appellants had not served Appellees either personally or by mail.
The Court ordered Appellants to serve Appellees in accordance with Rule 10(3) and file a new Certificate of Service with the Clerk of this Court. To date, Appellants have not complied with this Order.
The Court further ordered that the times for any subsequent briefing would run "from the date of filing of the original brief." However, the Order did not set a deadline for Appellants to serve Appellees and file a new Certificate of Service nor is the Order clear that Appellants brief is not considered "filed" until Appellants cure the deficiency.
On June 14, 2023, Appellee Joseph V. Womack moved for an extension of time to file his Answer Brief, having concluded that Appellants' Opening Brief was considered filed on May 24, 2023, in spite of Appellants' failure to serve the brief in compliance with Rule 10(3). However, since Appellants have not cured the deficiency, the time for Appellees' Answer Brief(s) has not begun to run.
IT IS THEREFORE ORDERED that Appellants shall, on or before June 28, 2023, serve Appellees in accordance with Rule 10(3) either personally or by mail.
IT IS FURTHER ORDERED that Appellants shall, on or before June 28, 2023, file a new Certificate of Service with the Clerk of this Court.
IT IS FURTHER ORDERED that the times for any subsequent briefing contained in M. R. App. P. 13, including the Answer Brief of Appellee Womack, shall run from the date of filing of the corrected Certificate of Service.
The Clerk of this Court is directed to provide a copy of this Order to all parties of record.