WHEN A RESPONDENT’S NOTICE IS REALLY A CROSS-APPEAL: SHOULD THE COURT GRANT AN EXTENSION OF TIME TO ALLOW THE “APPEAL” TO BE ARGUED?

Sometimes a respondent's notice is really a cross-appeal attempting to disguise itself.  We are looking at such a case here.   The "respondent's notice" was served late, and permission was given to serve it. However on closer examination at the appeal it was clear that this "notice" was in reality a...