An Excusable Neglect Second Look?
February 22, 2016 § 2 Comments
Back in July of last year, I did a post entitled “The Excusable Neglect Trap,” based on Estate of Nunnery: Nunnery v. Nunnery.
The case is notable because the chancellor refused to grant a lawyer’s motion to extend the time within which to appeal an adverse ruling in an estate property dispute. The lawyer’s motion was based on a claim that he had not filed an appeal within the deadline because he was called to the bedside of his brother, who had been seriously injured in an automobile accident and died soon after. The COA affirmed the chancellor’s ruling.
On January 29, 2016, the MSSC granted cert from the COA’s decision.
This is a case that bears watching, particularly if the MSSC uses it as an opportunity to clarify for trial judges and lawyers just what the bounds of excusable neglect might be. Stay tuned.
The Better Chancery Practice Blog 
[…] Later, in early 2016, we noted here that the MSSC had granted cert. […]
4-2 vote, 3 not participating. Whatever guidance issues may be a nonbinding plurality.