Schmitt v. Capers

PRATHER, Justice,

for the Court:

I. INTRODUCTION

This case involves an appeal of a chancellor’s rejection of a request to file an out-of-*774time appeal. Deborah J. Schmitt, adminis-tratix of James W. Ware’s estate, made the request and cited “excusable neglect” as her basis, which the chancellor rejected after holding an evidentiary hearing. In determining whether excusable neglect was evidenced, this Court construed Miss.Sup. Ct.R. 4(g), which permits a chancellor to extend the appellant’s time for filing a notice of appeal.

This Court affirms.

A. Statement of the Case

The facts are undisputed.…