Beavers v. Alaska Construction, Inc.

I dissent from the court’s affirmance of the superior court’s order denying Beavers’ Motion to Accept Late Appeal. I would remand for a factual determination as to whether Beavers’ initial attorney’s failure to file a timely appeal was a tactical decision, of which Beavers was aware. In the event that the superior court determines counsel’s failure to file a timely appeal was not a consequence of a tactical decision, and that Beavers believed in good faith that his attorney would file an appeal, I would direct the superior court to allow the late appeal pursuant to Appellate Rule 502(b). I…