How Do Multiple Answer Briefs Affect the Deadline for the Reply Brief?

What Happens When You Represent One of Several Appellees and the Appellant’s Reply Clock Hasn’t Started Yet

Let’s paint the scene: You’re one of multiple Appellees in a case that’s been dragging on since dinosaurs roamed the earth. You filed your Answer Brief on time, like the courteous and responsible appellate professional you are. You even proofread your Table of Authorities...twice. You’re feeling smug. Done and dusted, baby.

And then…nothing.

For days.

Then weeks.

Then one of your co-Appellees—probably the one who still writes “pursuant to” in every sentence—finally decides to drop their Answer Brief. Thirty days later, the Appellant gets to file a reply. And you’re sitting there thinking:

“Wait, how do they still have time? Didn’t I already do my part?”

Yes. You did. And you’re correct to feel a little salty about it. But here’s the procedural scoop.

When Does the Appellant’s Reply Deadline Actually Start?

This isn’t a trick question. It’s just a very annoying answer:

👉 Under Fla. R. App. P. 9.210(f), the Appellant’s deadline to file a Reply Brief starts after the last Answer Brief is served. That means that even if you filed yours on Day 1, and your co-Appellee didn’t file until Day 39, the Appellant gets 30 days from Day 39 to respond to everything.

And here’s the kicker: if that same slowpoke co-Appellee gets an extension? The Reply Brief deadline resets based on that new, extended filing date. Yep—30 more days from then.

Still think filing early gets you bonus points? Not in this appellate rodeo.

So, Does That Seem Unfair?

Kind of! But also… no.

Because the Reply Brief is supposed to be a unified rebuttal to all Answer Briefs. If the Appellant replied to yours before your co-Appellee even got theirs in, the court would be looking at a hot mess of staggered arguments. And no one wants to see that.

Plus, let’s be honest: if you were the Appellant, you’d love this rule.

But Here’s Where It Gets Interesting (and a Little Passive-Aggressive)

You filed your Answer Brief like a grown-up.

Your opposing counsel’s Reply Brief? Now delayed by someone else’s procrastination.

And yet, you have to sit on your hands for over a month while they prep their rebuttal.

Why? Because your more leisurely co-Appellee needed “just one more extension.”

Appellate law: where your deadlines are dictated by someone else’s calendar.

What Should You Do in the Meantime?

Honestly? Not much.

• ✅ You don’t get to hassle co-Appellees or the Appellant just because you’re annoyed.

• ✅ You shouldn’t freak out if opposing counsel asks for yet another extension of time for their Reply.

• ✅ You might want to send your co-Appellee an edible arrangement labeled “Thanks for the Delay.”

  
  

Why This Rule Exists (Yes, It’s on Purpose)

Florida appellate procedure isn’t trying to punish the early birds. It’s just trying to make sure that the court receives a single, coherent Reply Brief—not a piecemeal collection of half-rebuttals.

The idea is:

• Appellees do their thing.

• Appellant waits for all of it.

• Then Appellant replies. Once. To everyone.

  
  

Otherwise, the appellate bench would be buried under 17 versions of “also, another thing…”

Final Thoughts from the Appellee’s POV

You filed early. You did everything right. But the Appellant still gets the benefit of the slowest co-Appellee’s deadline.

It’s not personal. It’s Rule 9.210(f).(But let’s be real: it still feels personal sometimes.)

Just remember:

• This rule keeps the record clean.

• Your Answer Brief is already in.

• And if you’re lucky, the Appellant will blow their Reply Brief by rehashing old points and going over the page limit like an over-caffeinated 1L.

  
  

Until then, grab a coffee and enjoy the calm (or rage tweet if that's your kink). Because the court reads everything. And if the Reply Brief is as bad as you think it's going to be, it’ll backfire all on its own.