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I have an appeal pending and the other side has filed an extension

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of 30 days. Their...
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
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Answered in 17 minutes by:
7/1/2013
Family Lawyer: Ely, Counselor at Law replied 4 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.
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Customer reply replied 4 years ago

Ely:


 


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?


 


Thanks

Family Lawyer: Ely, Counselor at Law replied 4 years ago
Thank you for your clarification. Is this appeal pending in the District Court of Appeal?
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Customer reply replied 4 years ago

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

Family Lawyer: Ely, Counselor at Law 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...
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Family Lawyer: Law Educator, Esq., Lawyer replied 4 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,027
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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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.





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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.

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Customer reply 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.

Family Lawyer: Law Educator, Esq., Lawyer 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.
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