Cuevas v. Ladner

MAXWELL, J.,

for the Court:

¶ 1. Lloyd Wayne Cuevas1 missed the deadline for filing a notice of appeal from an adverse ruling in the Harrison County Chancery Court. He moved to reopen the time for appeal under Mississippi Rule of Appellate Procedure 4(h), alleging he did not receive proper notice of the entry of the chancellor’s order. Because Cuevas provided a specific factual denial of receipt of notice, supported by an affidavit from his attorney and other documentation, and with no contrary proof from the opposing parties, we find the chancellor abused his discretion by refusing to reopen…