On April 16, 2008 a
Motion-Secondary
was filed
involving a dispute between
and
for COURT OF APPEALS
in the District Court of Montgomery County.
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gas (udtiarnmacin
IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO
SECOND APPELLATE DISTRICT
STATE OF OHIO, : CASE NO. CA-22735
PLAINTIFF-APPELLEE
TRIAL COURT CASE NO..
VS. : O08CRB3825
JOHN E. GEARHART, JR.,
DEFENDANT-APPELLANT
MOTION AND MEMORANDUM FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
Now comes the Appellee, State of Ohio, by its undersigned counsel, and
respectfully moves this Court for a secand extension of twenty (20) days in which to file
its brief in this case. The Appellee’s brief may be due on or before Tuesday,
November 4, 2008, as requested. However, an error in calculation would have placed the
Appellee’s request for a 20-day extension on Monday, November 3, 2008. Therefore,
this request is based upon a deadline of November 3, 2008.Due to the filing of appellate briefs in additional appeals, which could not be extended
but which are now completed, the Appellee is not able to file its brief in this case by the
current deadline. The Appellee’s counsel must submit its brief for a ten-day departmental
review before it can be filed.
For the foregoing reasons, the Appellee respectfully requests an extension of twenty
(20) days, until Monday, November 24, 2008, in which to file its brief.
Respectfully submitted,
MARX ¥. WELSH (0067542)
Assistant Prosecutor
Attomey for Appellee
335 West Third Street, Room 372
Dayton, OH 45402
Telephone: (937) 333-4400
Fax: (937) 333-4491
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Motion and Memorandum for Extension of Time
to File Appellee’s Brief was served upon Susan R. Bridgman, Attorney for
Appellant, 4100 Tam O Shanter Way, Dayton, OH 45429, by regular U.S. Mail, this
same date of filing.
WELSH (0067542)
Assistant Prosecutor
Attorney for Appellee
Document Filed Date
November 03, 2008
Case Filing Date
April 16, 2008
Category
COURT OF APPEALS
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gas (udtiarnmacin IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO SECOND APPELLATE DISTRICT STATE OF OHIO, : CASE NO. CA-22735 PLAINTIFF-APPELLEE TRIAL COURT CASE NO.. VS. : O08CRB3825 JOHN E. GEARHART, JR., DEFENDANT-APPELLANT MOTION AND MEMORANDUM FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Now comes the Appellee, State of Ohio, by its undersigned counsel, and respectfully moves this Court for a secand extension of twenty (20) days in which to file its brief in this case. The Appellee’s brief may be due on or before Tuesday, November 4, 2008, as requested. However, an error in calculation would have placed the Appellee’s request for a 20-day extension on Monday, November 3, 2008. Therefore, this request is based upon a deadline of November 3, 2008.Due to the filing of appellate briefs in additional appeals, which could not be extended but which are now completed, the Appellee is not able to file its brief in this case by the current deadline. The Appellee’s counsel must submit its brief for a ten-day departmental review before it can be filed. For the foregoing reasons, the Appellee respectfully requests an extension of twenty (20) days, until Monday, November 24, 2008, in which to file its brief. Respectfully submitted, MARX ¥. WELSH (0067542) Assistant Prosecutor Attomey for Appellee 335 West Third Street, Room 372 Dayton, OH 45402 Telephone: (937) 333-4400 Fax: (937) 333-4491 CERTIFICATE OF SERVICE I certify that a copy of the foregoing Motion and Memorandum for Extension of Time to File Appellee’s Brief was served upon Susan R. Bridgman, Attorney for Appellant, 4100 Tam O Shanter Way, Dayton, OH 45429, by regular U.S. Mail, this same date of filing. WELSH (0067542) Assistant Prosecutor Attorney for Appellee