WIEBER v. ACME TRUCK LINE INC ABC XYZ (2024)

Pretermitting the merits, we find this application is untimely. The court of appeal denied relators’ writ application on May 10, 2024. Pursuant to Supreme Court Rule X, § 5, the deadline for relators to seek review in this court was Monday, June 10, 2024. Relators filed their application by hand on Tuesday, June 11, 2024.

On June 21, 2024, relators filed a motion captioned “Motion for Leave to File Applicants’ Supervisory Writ Application on Date Submitted, or in the Alternative, Permit Application on the Date Hand Delivered.” In their motion, relators assert their counsel attempted to electronically file the writ application on the evening of June 10, 2024 but experienced technical difficulties as she attempted to reset her password, unlock her account, and register a new account.

Supreme Court Rule XLII, § 6(e) of the Electronic Filing rules, provides:

e) An electronically filed document will be considered timely filed if electronic filing is completed at any time before 12:00 Midnight Central Time on or before the date on which the document is due unless another specific time is mandated by order, rule or statute. [emphasis added].

Regardless of counsel's intent, the court's records establish no electronic filing was completed prior to midnight on June 10, 2024. The application was not filed until June 11, 2024, which is outside of the thirty-day period.

Accordingly, relators’ motion is denied. The application is not considered, as it was not timely filed. Respondent's motion to exceed page limits for the opposition is denied as moot.

PER CURIAM

Weimer, C.J., dissents and would consider the merits.