McPeek v. White River Lodge Enterprises

I agree with part of the majority opinion but take issue with one significant point. After White River Lodge Enterprises argued in its appellee’s brief that the McPeeks’ original brief was defective due to failure to abstract a certain trial court ruling on statutory fees and a statement of fees and costs, McPeek moved for permission to substitute an abstract to correct those deficiencies. The motion to substitute was filed on the date the McPeeks’ reply brief was due, which was February 20, 1996. On that same date, McPeek tendered a substituted original abstract and brief to rectify the…