Lane v. Williams

I respectfully dissent. I am persuaded that the Superior Court abused its discretion in denying plaintiff’s motion for enlargement of time. I would vacate the order.

The unchallenged facts presented in support of plaintiff’s motion are set forth in affidavits submitted by plaintiff’s counsel and his secretary. The relevant part of the attorney’s affidavit reads as follows:

On June 10, 1986, this Court directed a verdict in favor of the Defendant and my client instructed me to file an appeal.

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On July 3, 1986 at noon, I left for a planned vacation to last until July 21, 1986. I left…