Morgan v. Eaton

Citations

• 59 Fla. 557

Syllabus

<p>1. The Supreme Court has statutory authority to make rules of practice in the courts of this State. Rule 20 of the Supreme Court Rules was adopted to regulate the filing of briefs so that causes may be disposed of in due course and without delay as contemplated by the constitution and statutes. This and all other rules of the court are binding on the court and on its clerks, as well as on litigants and their counsel.</p> <p>2. The provision of Rule 20 requiring the appellant to file four copies of his brief, and making it the duty of the clerk of this court to immediately transmit one copy to opposing counsel, being designed to secure the receipt by opposing counsel of such copy, the practice of the court is to accept in lieu of the fourth copy an affidavit or other sufficient evidence that the copy had been sent to or delivered to opposing counsel.</p> <p>3. The rule requires the appellee within twenty days after the filing of the briefs for appellant to file here four copies of his brief, one to be sent to counsel for appellant, and the right of appellee to file briefs here is subject to this rule. If appellee’s briefs are not presented for filing within the time fixed by the rule, the clerk is not authorized to file the briefs except upon an agreement in writing from opposing counsel recognized by the court, or by order of this court permitting the briefs to be filed.</p> <p>4. While Rule 20 prescribes the time within which briefs may be filed as of right, the rule provides that “the court may, for good cause shown, grant further time to either party for filing briefs,” and the court is liberal in reasonably extending the time.</p>