The Minnesota Supreme Court granted respondent Michael S. Romens’ motion to dismiss after relators Ballet of the Dolls, Inc. and SFM failed to timely file a brief pursuant to Minn. R. Civ. App. P. 131.01, subd. 1 and did not respond to the respondent’s motion to dismiss.
Relators Ballet of the Dolls, Inc. and SFM filed a Notice of Related Appeal on February 22, 2017, for the Minnesota Supreme Court to review the decision of the Workers’ Compensation Court of Appeals (“W.C.C.A.”). The petition indicated that the transcript from the proceeding before the compensation judge had been delivered to the parties and made a part of the record. Therefore, their opening brief was due within 30 days after the filing of…the petition that initiates the appeal, under Minn. R. Civ. App. P. 131.01, subd. 1. The Clerk of the Appellate Courts notified relators that their opening brief was late, and that a motion to accept the late brief would be required when the brief was submitted. 27 days after the brief was due under Minn. R. Civ. App. P. 131.01, subd. 1, Romens filed a motion to dismiss based on relators’ failure to file a brief. Relators appeared to have abandoned the appeal. They did not file a brief, sought an extension of time for the brief or offered good cause for a late brief and did not respond to Romens’ motion to dismiss. Therefore, the Minnesota Supreme Court granted respondent Romens’ motion to dismiss.