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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116818
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have an appeal pending and the other side has filed an extension

Customer Question

I have an appeal pending and the other side has filed an extension of 30 days. Their index is ready but they have to pay their bill. I am concerned that they could use the payment of the bill as a way to stall. Is there any rule in place ie. they have x amount of days to pay their bill or their bill must be paid within the 30 days of their own extension?

The case in in Fl.

Thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

By "they have to pay their bill" - what do you mean? Can you please clarify what bill this is?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.



When I filed my appeal, the clerk had to make an index of all the motions.

It is required that the other side do the same. This has to happen before it goes to the Appeals court. The clerk has made the index for the other side so it is time for them to pay the court's bill for their indexing. The court has already sent them the bill.


My question is do they have a set time frame to pay their bill? They filed for a thirty day extension about three weeks ago and I am wondering does the clock start ticking from when they filed the extension or, does the thirty day window commence when the court has finished their index?



Expert:  Ely replied 4 years ago.
Thank you for your clarification. Is this appeal pending in the District Court of Appeal?
Customer: replied 4 years ago.

Yes... third district court of appeal-- Miami/Dade county

Expert:  Ely replied 4 years ago.
Thank you for your reply. Apologies, but I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. Your previous expert has opted out and had to step away. I am a different contributor who is looking forward to working with you to provide you the information you are seeking.

The 30 day extension to pay the indexing bill is from the date of the receipt of the bill, because the bill to the court for indexing is DUE UPON RECEIPT, so any extension of time to pay runs from receipt.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 4 years ago.

To clarify this was not an extension to pay the bill. The extension was asked for in the beginning (a request to delay their reply) not after the

indexing when the bill is now due.. Their tactic is to stall so I am wondering if they can do this by not paying their bill to the court. Otherwise I will pay their bill so they cannot do this.

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for clarifying this for me.

If they asked for an extension of time to file their reply, the extension runs from the time that their regular time to answer expires. This has nothing to do with when their bill is due.