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The Daily



10-04-03: Kim Anderson denied time extension


Kimberly Anderson’s attorney was denied a request for more time to file her response to a civil suit stemming from the shooting death of her former husband, Celina attorney Brent Anderson.
The lawsuit, filed in late August on behalf of Brent Anderson’s family, seeks justice for Brent Anderson and an amount in excess of $50,000 on behalf of the couple’s two young children.
This week’s denial of the motion for time extension by Auglaize County Common Pleas Court Judge Frederick Pepple leaves both sides with few options.
Kimberly Anderson’s newly hired attorney, Susan Heywood of Toledo, failed to meet the 28-day response date — a time allowance set by the Auglaize court’s rule as well as Ohio Civil Rule. Kimberly Anderson was served with the lawsuit on Aug. 29 and had until Sept. 26 to answer the three-page document.
Anderson, 39, of Wapakoneta, was acquitted of murder charges one year ago in the death of her estranged husband, Brent Anderson. She had been charged with fatally shooting him eight times in an upstairs bedroom of the Wapakoneta home they once shared.
Heywood, who could not be reached for comment, stated in court documents she was recently hired by Kimberly Anderson and is still in the process of “investigating and reviewing the allegations in the complaint.” She sought an additional time — until Oct. 30 — to reply to the suit.
Pepple explained in his denial of that motion, Civil Rule 6 permits the court to extend the time if it is sought before the statutory time — in this case 28 days — runs out. Pepple’s local rule would have given Heywood an extra three weeks if she had filed in time.
Heywood filed her motion for extension Sept. 30, four days late. Pepple also stated a portion of Civil Rule 6 could permit an extension of time if “good cause” is shown as a result of “excusable neglect” for the failure to act timely.
Pepple subsequently ruled that Heywood met neither criteria and denied the motion.
Dale Perdue of Columbus, the attorney representing Brent Anderson’s family, could seek a judgment entry asking Pepple to rule on the case in absence of Heywood’s response, according to Ohio Civil Rule. But a decision made under such circumstances could be appealed to the Ohio Supreme Court.
Perdue also could not be reached for comment.
According to the Ohio Civil Rule, Heywood could file a late response to the complaint with a memorandum in support, which Pepple could either accept or deny.


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