Verburgt v. Dorner

Because I disagree with the majority’s approach to the rules — and the dismissal to which it inevitably leads — I must respectfully dissent.

Discussion

In my view, the Verburgts’ failure to file a motion to extend the time for perfecting their appeal is plainly a defect or irregularity in appellate procedure. Accordingly, I start from the premise that this court may not dismiss the Verburgts’ appeal without first providing them with an opportunity to correct the defect, ie., notice that the appeal will be dismissed unless they file a motion to extend within a specified, reasonable period of…