Isaacson v. Dorius

I respectfully submit that the notice of appeal should be deemed timely filed in this case. Counsel acted prudently in attempting to effectuate a timely filing of a notice of appeal in accordance with our rules of procedure. The reason the notice was not actually filed with the court in the time prescribed by the rules was either because of the delay in the delivery of mail or because of the failure of the clerk to file the notice promptly upon receipt.1 In either event, the fault was not the appellant’s. Indeed the appellant had the right to rely on the mail’s being delivered in time and on…