Northwest Truck & Trailer Sales, Inc. v. Dvorak

specially concurring:

I concur with the result reached by the Court in its opinion. In doing so, I do not concur with all that is stated in the opinion, however.

I would defer to the discretion exercised by the District Court in its finding that Dvoraks’ counsel demonstrated the lesser standard of good cause under Rule 5(c), M.R.App.P. I submit, however, that, as a practical matter and under the facts here, we have now set the good cause standard so low as to nearly eliminate the standard altogether.

I would not find that counsel’s conduct met the higher standard of excusable neglect. The…