Best Real Estate, Inc. v. Investors International, Inc.

I respectfully dissent from that part of the opinion holding that we are without jurisdiction to entertain the third motion to extend the time to file the statement of facts. To hold that the “last date for filing” referred to in Rule 21c(1) is the extended filing date previously set by the Court of Appeals is to read into the rule a meaning that is not there. The rule is referring to the last date for filing “as prescribed by the applicable rule or rules.” It says nothing about a previous court order. The rule should be changed before it is used to trap a reputable lawyer in his good faith…