WRIT OF CERTIORARI. Where relators 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, the writ of certiorari is discharged under Minn. R. Civ. App. P. 142.02, subject to a motion to reinstate the appeal. If relators move to reinstate the appeal, they must show good cause for failure to serve and file an opening brief, that the appeal is meritorious, and that reinstatement would not substantially prejudice the respondent’s rights.
Dismissed.
G.B. ANDERSON, Justice.
Relators Ballet of the Dolls, Inc. and SFM filed this appeal on February 8, 2017. Respondent Michael S. Romens filed a Notice of Related Appeal on February 22, 2017. The Statement of the Case filed with relators’ Petition for a Writ of Certiorari to review the decision of the Workers’ Compensation Court of Appeals indicated that the transcript from the proceeding before the compensation judge had already been delivered to the parties and made a part of the record. Thus, under Minn. R. Civ. App. P. 131.01 subd. 1, relators’ opening brief was due on or before March 10, 2017 (“If the transcript is obtained prior to appeal . . . then the appellant shall serve and file a brief and addendum with the clerk of the appellate courts within 30 days after the filing of . . . the petition that initiates the appeal”).
On March 22, 2017, the Clerk of the Appellate Courts notified relators that their opening brief was late, and that a motion to accept a late brief would be required when the brief was submitted. On April 6, 2017, Romens filed a motion to dismiss this appeal based on relators’ failure to file a brief. Relators have not responded to this motion. As of April 14, 2017, no brief or motion for an extension of time has been filed.
An appeal can be dismissed when the relator fails to file the brief required by the rules. See Minn. R. Civ. App. P. 142.02 (explaining that a respondent may move for dismissal if an appellant fails to file a brief and the court can order an appeal dismissed subject to a motion to reinstate). Relators appear to have abandoned this appeal. They have not filed a brief, have not sought an extension of time for the brief or offered good cause for a late brief, and have not responded to Romens’ motion to dismiss.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the motion of respondent Michael S. Romens to dismiss this appeal be, and the same is, granted and the writ of certiorari is discharged under Minn. R. Civ. App. P. 142.02, subject to a motion to reinstate the appeal. If relators move to reinstate this appeal, they must show good cause for failure to serve and file an opening brief, that the appeal is meritorious, and that reinstatement would not substantially prejudice respondent's rights.
IT IS FURTHER ORDERED that the Notice of Related Appeal filed on February 22, 2017 is dismissed.