Friday, April 17, 2009

YES! NO! YES! NO!

YES!

That's what I said out loud this morning when I realized that the time for asshat to file any further appeal had passed and I had not received a copy of an appeal from him.

NO!

That's what I said out loud a little later this morning when the mail came and in it was a copy of a petition for further appeal that asshat filed the day before yesterday.

YES!

And that's what I said out loud when I checked the envelope his petition came in and saw that, despite his claim that he served me by mail on the 15th and despite the postage meter stamp on the envelope that says the 15th, his mailing was postmarked by the actual post office on the 16th. Specifically, the post office's stamp says "THU 16 APR 2009 PM." So not even morning on the 16th, but afternoon on the 16th. Meaning, too late, asshat. TOO. DAMN. LATE.

NO!

And finally, that's what I said when I checked the rules in preparation of drafting a motion to dismiss, and discovered that this particular motion doesn't require that he serve it on the same day as he filed it. Of course he should have anyway, but I can't get him kicked out of court for not doing it. Dammit; there went my bright happy mood. Oh well.

2 comments:

the default attorney said...

Is this like a petition for rehearing? God I hate those things. When you're writing one, you know that they stand little chance of success, and when you're opposing them, even though you know they have little chance of success, you still have to go through all the time and effort to write an opposition.

Bollocks, I tell you, bollocks.

sadielady said...

Yes, exactly. There's no way his petition will be granted. But I'm still going to write a brief in opposition - pointing out that the only two legal cites he made in his petition for rehearing are to things he failed to bring up in his original brief or in oral argument. I swear, I'm just so sick of this guy; I want it to be over already, so I'll never have to deal with him (hopefully) again.