David Glen Nunnery v. Paul Edward Nunnery
Mississippi Supreme Court
1DissentDickinson, Presiding Justice
¶23. I believe that Varas sufficiently demonstrated that the failure to file his clients’ notice of appeal within the proscribed time was due to “excusable neglect,” and I also believe the trial court erred when it denied Varas’s motion for an extension of time to file a notice of appeal. Because the majority holds otherwise, I respectfully dissent,
¶24. As the majority correctly notes, we generally review a trial court’s grant or denial of a motion for an extension of time to file á notice of appeal for an abuse of discretion.1 But what the majority fails adequately to acknowledge is that,…
2Cases cited15 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.Court of Appeals for the Ninth Circuit · 2004
- Silivanch v. Celebrity Cruises, Inc.Court of Appeals for the Second Circuit · 2003
- Margaret Lowry, Appellant/cross-Appellee v. McDonnell Douglas Corporation, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2000
- Graphic Communications International Union v. Quebecor Printing Providence, Inc.Court of Appeals for the First Circuit · 2001
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