Sunday, January 15, 2012

What the new year has wrought for the case.

WE OBJECT! say the Appellants through our counsel to the Court when the combined counsel for King Southern Bank (KSB), DF Investment (DFI) & Louisville Metro Board of Zoning Adjustment (BOZA) miss the court-ordered filing deadline by 10 days and certify a new Reply Brief in violation of the Court's opinion and order of last September 16, 2011. "Just a bit late", a reasonable person might think.  Back in September 2011, Judge Maze set the sequence of dates for the filing of briefs;         it was to end on Jan. 3, 2012 unless extensions were filed in advance of the deadlines.  No advance petitions were made; no doctor's note submitted by the slack student requesting to turn in due work late & for full credit. Ah!

Like the Aesop's fable, "The Grasshopper and the Ant", we the Appellants & our counsel, ant-like, cracked our backs and chafed our rumps from long hours sitting, arguing, and revising to get our homework done over the holidays just to meet the early new year court-ordered deadline of Jan. 3.  The opposition Appellees and their counsel (fiddling and dancing?) missed the due-date that was supposed to end the schedule of filings and missed the procedural requirements for requesting special exemption from the court-ordered filing schedule. We, the Appellants, have tried mightily to be disciplined and play by the rules. The opposition wants new rules.

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