GSC: Respondents Snub Appellate Deadline Push To Hire Administrator Despite Court Ruling STATE OF MINNESOTA IN COURT OF APPEALS ORDER A13-0786 ----------------------------------------------------------------------------- In re: Petition of Michael E. Morath and Other Wabasha County Registered Voters to Establish the Wabasha County Government Study Commission. ---------------------------------------------------------------------------- BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE: 1. This appeal was filed on May 3, 2013. Appellants Merl Norman and Beverly Snow seek review of an order filed on April 25, 2013, that denies appellants’ motion to void the Wabasha County Study Commission and its subsequent work. Appellants request oral argument. 2. On June 19, 2013, appellants’ brief was filed by mail. 3. Respondents’ briefs were due on July 22, 2013, which was 33 days after appellants’ brief was served by mail on June 19, 2013. See Minn. R. Civ. App. P. 131.01, subd. 2, 125.03. 4. None of the respondents has filed a brief or a motion for an extension. 5. A respondent who fails to file a timely brief shall not be entitled to oral argument without leave of the appellate court. Minn. R. Civ. App. P. 128.02, subd. 2. 6. We note that if this court grants a motion by one of the pro se respondents to accept a late brief, then the appeal shall be scheduled for nonoral consideration. See August 5, 2013 Minn. App. Spec. R. Pract. 2 (providing that if any litigant is without counsel, the case will be submitted on the briefs and record, without oral argument by any party). IT IS HEREBY ORDERED: 1. This matter shall proceed pursuant to Minn. R. Civ. App. P. 142.03 (providing that if respondent fails to file a brief, the case shall be determined on the merits). 2. Unless this court grants a motion to accept a late respondent’s brief and to reinstate oral argument for respondents, respondents may not participate in oral argument. Dated: August 1, 2013 BY THE COURT
Posted on: Thu, 08 Aug 2013 15:51:11 +0000
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