Faggins v. Fischer

I am unable to agree with the majority’s conclusion that Dr. Fischer’s Rule 59(e) motion was timely. Accordingly, I respectfully dissent.1

I

As my colleagues point out, the question whether the three-day mailing extension in Rule 6(e) refers to calendar days (as the plaintiff argues) or to business days (as the defendant maintains) is one of law, and we must consider it de novo. This precise issue has never been decided or directly addressed by this court. Each party in*142vites our attention to authorities in which, it claims, weekends were included in the three-day period (in cases cited by Ms.…