This was a case where plaintiff's counsel put in a seriously lackluster performance beforehand, also involving not just lateness that by itself was purely technical, but the document actually filed was crap (and if you believe that nonsense that somehow the e-file dog ate their footnotes I have a bridge to sell you), and their first actual interaction with the appeals court that (despite the filings of both parties indicating this was not an accelerated appeal) is treating this as an accelerated appeal, is to beg off for no real reason at all.
I'll make up my mind what to think about this when something is actually filed, but after this bullshit, this had better be some fucking Clarence Darrow shit, because if it isn't. . .