Gregory v. City of Calais

SAUFLEY, J., with whom DANA and CALKINS, JJ., join,

concurring.

[¶ 12] I concur in the result and write separately because I believe that the time has come to address directly the perceived harsh result and consequent overreading of the Lane decision. Lane v. Williams, 521 A.2d 706 (Me.1987).

[¶ 13] In that case, an attorney left his office for a vacation, leaving a trusted secretary in charge of filing a notice of appeal in a pending matter. Unfortunately, on the very next business day, his secretary suffered a death in her family and was temporarily unable to attend to the important business…