Cawood v. Smith

The majority has today voted to grant appellants’ motion to allow the filing of a belated abstract and oversized brief. I dissent and wish to set out my reasons.

The background to these motions is as follows. The trial court entered its final order on May 31,1991. The appellants gave notice of appeal on June 3, 1991.

The record was filed in this court on September 3,1991, and a briefing schedule was established. The appellants’ brief was due on October 13, 1991. On October 3, 1991, the appellants filed a timely motion for extension of time to file their brief. They were given thirty (30) days…