Joseph Basso v. Jose Rodriguez, et al.

Summary

The Supreme Court of Maryland denied the petitioner’s request to extend the deadline for filing his opening brief, concluding that his failure to timely file or seek an extension did not constitute excusable neglect. The Court granted the respondents’ motion to dismiss the writ of certiorari and ordered that costs be paid by the petitioner.

Holdings

1. The parties' stipulation was ineffective because it did not comply with Maryland Rule 8-502(b), which required the petitioner's and respondent's briefs to be filed at least thirty days before the scheduled argument.
2. The court could not permit Basso's late filing because his failure to act was not the result of excusable neglect under Maryland Rule 1-204(a)(3).
3. The court granted respondents' motion to dismiss and dismissed the writ of certiorari because Basso failed to file his brief within the time prescribed by Maryland Rule 8-502.

Questions Presented

1. Whether Basso's untimely opening brief could be accepted through a retroactive extension of time under Maryland Rule 1-204.
2. Whether Basso's failure to timely file his brief constituted excusable neglect.
3. Whether the writ of certiorari should be dismissed under Maryland Rule 8-602(c)(5) for failure to file the brief within the time prescribed by Maryland Rule 8-502.

Disposition

dismissed