State v. Doe (In re Doe)

• Docket Number: 50795
• Decision Date: 18 January 2024
• Parties: In the Interest of: John Doe I, A Child Under Eighteen (18) Years of Age. v. JOHN DOE and JANE DOE (2023-22), Respondents-Appellants. STATE OF IDAHO, DEPARTMENT OF HEALTH AND WELFARE, Petitioner-Respondent,
• Court: Idaho Supreme Court

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In the Interest of: John Doe I, A Child Under Eighteen (18) Years of Age.

STATE OF IDAHO, DEPARTMENT OF HEALTH AND WELFARE, Petitioner-Respondent,
v.
JOHN DOE and JANE DOE (2023-22), Respondents-Appellants.

No. 50795

Supreme Court of Idaho

January 18, 2024

Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Gerald F. Schroeder, District Judge.

Alternative motions for extension of time are denied, and appeal is dismissed.

Idaho Injury Law Group, PLLC, Seth H. Diviney, Boise, for Appellants.

Raul R. Labrador, Idaho Attorney General, Boise, for Respondent.

PER CURIAM

This matter came before the Court on Appellants' Motion to Reconsider Third Extension of Time or in the Alternative Motion for a Fourth Extension of Time to File Appellants' Brief. The Court has reviewed the motions and the supporting declaration from counsel. The motions are DENIED, and pursuant to Rule 21 of the Idaho Rules of Appellate Procedure, this appeal is DISMISSED for failure to comply with the briefing schedule ordered by the Court.

1. Appellants John and Jane Doe ("Parents") have filed an appeal challenging the denial of their requests for attorney fees in a child protective act case. Appellants contend the child protective act proceeding was "groundless and arbitrary." The magistrate court denied the requests for fees, and the district court, acting in its intermediate appellate capacity, affirmed the magistrate court's decision

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2. Parents filed a timely appeal of the district court's decision. Parents' opening brief was originally due on September 14, 2023. Parents filed a Motion to Augment and Suspend on August 23, 2023, and the appeal was suspended Respondent's Request to Augment the Record was filed on August 28, 2023. The augmentation requests were granted, and the due date for Appellant's Brief was reset to October 27, 2023. Two days after the deadline, Parents filed a motion for an extension of time requesting an additional 42 days to file the opening brief. The Court granted the motion, allowing a 35-day extension, and Parents were ordered to file their opening brief by December 1, 2023.

3. Parents failed to file their opening brief on December 1, 2023, and on that date instead filed a second motion for extension of time requesting that they be given an additional 35 days to file their opening brief. The motion was granted, and Parents were ordered to

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