Legal Opinion
Advanced Estimating System, Inc. v. Riney
Court of Appeals for the Eleventh Circuit
Decided December 10, 1997No. Nos. 96-5193, 96-5235 and 97-4125PublishedCited by 14 opinions
1Opinion of the Court
EDMONDSON, Circuit Judge:
This appeal requires us to determine whether a lawyer’s misunderstanding of unambiguous procedural rules can constitute “excusable neglect” under the standard set out by the Supreme Court in Pioneer Investment Services v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). Guided by the decision in Pioneer and decisions in this circuit, we hold that, as a matter of law, the lawyer’s failure to understand clear law cannot constitute excusable neglect. So, this appeal, which was not timely filed, is dismissed.
I
Plaintiff Advanced…
2Cases cited10 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Gale PRIZEVOITS, Plaintiff-Appellant, v. INDIANA BELL TELEPHONE COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1996
- Phyllis G. Kyle v. Campbell Soup CompanyCourt of Appeals for the Ninth Circuit · 1994
- Cheney v. Anchor Glass Container Corp.Court of Appeals for the Eleventh Circuit · 1996
- Dominic M. Cavaliere v. Allstate Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.Court of Appeals for the Ninth Circuit · 2004
- Graphic Communications International Union v. Quebecor Printing Providence, Inc.Court of Appeals for the First Circuit · 2001
- Hays v. Equitex, Inc. (In Re RDM Sports Group, Inc.)United States Bankruptcy Court, N.D. Georgia · 2002
- Belcher v. Columbia University (In Re Belcher)United States Bankruptcy Court, N.D. Georgia · 2001
- Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.Court of Appeals for the Ninth Circuit · 2004
9 more not listed; retrieve them via the Exa API.