Barry E. Moore and Deborah E. Moore - Page 5




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          Petitioners’ Challenge to Respondent’s Briefs                               
               On the basis of Rule 151(b), Time for Filing Briefs,                   
          petitioners argue that we must disregard respondent’s opening               
          brief because respondent filed that brief 1 day late and did not            
          move before the due date for an extension of time to file.                  
          Petitioners also argue that, because respondent “failed to file”            
          an opening brief and did not seek leave of the Court to file a              
          reply brief, he is not permitted to file a reply brief.  See Rule           
          151(b).                                                                     
               Petitioners argue that respondent should have filed his                
          opening brief no later than August 15, 2005, the last day of the            
          60-day period allotted by the Court for such filings at the                 
          conclusion of the trial on June 15, 2005, even though the trial             
          transcript furnished to the parties records both the trial clerk            
          and the Court as stating that due date to be August 16, 2005, the           
          date upon which respondent’s opening brief was actually filed.              
               Because the Court identified a due date one day after the              
          close of the 60-day period allocated by the Court for the filing            
          of opening briefs, the Court must accept some responsibility for            
          the tardiness, if any, in respondent’s filing of his opening                
          brief.  Moreover, 1 day is negligible, and we do not believe that           
          it prejudiced petitioners in preparing their answering brief.  In           
          fact, petitioners do not allege that they were so prejudiced;               
          they allege only that we “must strike and disregard” respondent’s           







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