National Mutual Insurance v. Papenhagen

The case at bar poses a single question: whether a court of appeals abuses its discretion by dismissing an appeal for the sole reason that the notice of appeal violates a local rule requiring that separate notices of appeal be filed for each case even where two or more cases were consolidated in the trial court. We hold that such a dismissal constitutes an abuse of discretion where the appealing party has demonstrated to the court that the mistake was inadvertent and made in good faith.

Loe. R. 6(A) of the Third Appellate District provides:

“Notice of Appeal. A separate notice of appeal shall…