I was one day late on filing a brief and the judge denied my brief can I appeal this?

Asked over 2 years ago - Fallon, NV

I was suppose to file a brief by July 11, 2012, I asked for a stipulation and the opposing parties Attorney said, "No his client wants no stipulations." He then said just get your brief in and I will answer it. So I sent in a brief by July 12, 2012 by 12 noon. After reviewing it, I amended it. I submitted a Motion to Amend Brief and show cause. The opposing Attorney objected to my Brief be allowed. The Judge granted it to not be submitted and then it resulted in a Mother with 4 children the youngest 7 months to be evicted out of her home on August 26, 2012. Could the Judge made a decision to allow my brief?

Attorney answers (3)

  1. Dara J. Goldsmith

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . The judge had discretion to deny your request. On appeal, you would need to show the judge misapplied the law or his ruling was clearly erroneous. It doesnot appear that either happened. The judge simply failed to grant you more time. just because you are not happy, doe snot mean the judge was wrong or misapplied the law.

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  2. Howard Robert Roitman

    Contributor Level 17

    2

    Lawyers agree

    Answered . Yes. but don't count on wining. Unless the appeals ct finds the lower court abused it's discretion you will lose.

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  3. Kyndra L. Mulder

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Time limitations are definite. The court has no jurisdiction over the case if it is filed late.

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