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Case Study: Alvas V. Defendants

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Facts The Alva family enrolled their son, Sergio, at Paradise Cove, a behavioral modification program for troubled youth which was operated by the Defendants. The Alvas then initiated a suit against Teen Help Worldwide Association of Specialty Programs, R & B Billing, Dixie Contract Services, Robert Lichfield, Karr Fransworth, and Brent Facer, alleging a number of tort claims which arose from the enrollment of their child. This initial suit was made in the U.S. District Court for the District of Utah on February 25, 2000. On August 5, 2003 the Defendants filed a motion for summary judgment, which the court granted after hearing arguments regarding the motion on December 16, 2003. The motion for summary judgment was granted and filed on December 17, 2003. The Plaintiffs then did not file their notice of appeal until January 17, 2004, which was after the deadline to file such notice. The court then required the Plaintiffs to show reason as to why the appeal should be honored even though it was late. …show more content…

However, when arguing as to why the appeal should be honored the Alvas argued that the stamp clock stamped an inaccurate time on the request. The Plaintiffs asserted that they had filed their request on time and that the malfunctioning time stamp clock was to blame. This was the only defense put forth by the Plaintiffs. Furthermore, council for the Plaintiffs admitted to knowing that the request was filed late, and still argued that the request should be honored. The Plaintiffs also cited two cases Kontrick and Eberhart, arguing that the decisions in these cases make the legitimacy of this request to appeal fall under the jurisdiction of the

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