03-19-2020, 04:17 PM
(03-19-2020, 02:07 PM)fredtoast Wrote: The Court of Appeals for the Eastern District of Tennessee is in Knoxville. I now practice in Tazewell which is about an hour away. I have filed many appeals over the years but I had never used the on-line filing system before. Back on February 15 I filed a brief using this system. On March 6 I received a Show Cause from the Court of Appeals because I had not filed my brief and it was now three weeks past the deadline. I have never mossed a filing deadline before so I immediately shit my pants. I had downloaded the brief but I had not taken the final step to actually complete the filing and there was no record to prove I had downloaded it on 2-15. This is a civil case involving a judgement of over $20K. If the appeal was lost because of my mistake I could be liable for that amount. I could also be found to have committed malpractice and possibly even get my license suspended.
I filed an answer to the Show Cause, but I had no idea how the Court would handle it. I assumed they were very strict and would only excuse a late filing for something like an illness or family emergency. Especially when the delay was 3 weeks.
Today I received a notice from the Court that they would accept the late filed brief. Tonight will be the first good nights sleep I have had since March 5. I have never had to wait for test results for a serious medical condition, but that is what this has felt like. My hands were actually shaking a little when I opened the letter from the Court.
Think I might go out and drink a couple of cold ones tonight.
If I can find anyplace open.
Nice dodge Fred! Gratz on the court being reasonable!