Los Angeles, CA asked in Appeals / Appellate Law for California

Q: Appellant's opening brief, and their Respondent's brief in cross-appeal, are duplicative. Can the latter be dismissed?

The cross-appeal is against another defendant, not me. But they copied their entire opening brief (against me) into their cross-appeal brief, essentially attempting to create a new appeal against me. But it's the same exact issues and arguments!

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1 Lawyer Answer
Timothy Alan Provis
Timothy Alan Provis
  • Appeals & Appellate Lawyer
  • Port Washington, WI
  • Licensed in California

A: Dear ?,

"essentially attempting to create a new appeal against me." No. A new appeal against you cannot be created in this manner. You have no grounds to move to strike the respondent;s brief in the cross appeal because you are not a party to the cross-appeal. If this party wants to make the same arguments against the other defendant as they did against you that is perfectly legal.

Yours sincerely,

Tim Provis

Appellate Counsel

Cal. Bar No. 104800

Wis. Bar No. 1020123

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