Legal Opinion · Dissent

David Glen Nunnery v. Paul Edward Nunnery

Mississippi Supreme Court

Decided July 21, 2016No. 2014-CT-00260-SCTPublished

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

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Laffit Pincay, Jr. Christopher J. McCarron v. Vincent S. Andrews Robert Andrews Vincent Andrews Management Corp.Court of Appeals for the Ninth Circuit · 2004
  3. Silivanch v. Celebrity Cruises, Inc.Court of Appeals for the Second Circuit · 2003
  4. Margaret Lowry, Appellant/cross-Appellee v. McDonnell Douglas Corporation, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2000
  5. Graphic Communications International Union v. Quebecor Printing Providence, Inc.Court of Appeals for the First Circuit · 2001

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API