Friday, June 05, 2009

Eight Circuit Refuses to Excuse Untimely Appeal Based on Lawyer's Claim of Failing to Received Electronic Notice

The Eighth Circuit recently issued an opinion that refused to excuse an untimely appeal based on the excuse that the attorney failed to receive electronic notice of the district court's decision via the court's CM/ECF system:

The appellants (“American Boat”) brought this negligence action against the United States for failing to maintain the navigable channel of the lower Mississippi River. After the district court granted summary judgment for the United States, American Boat filed a Motion to Amend Judgment, or in the Alternative for Reconsideration. The district court denied this motion, and the time for appeal expired without any action by American Boat. Four months later, American Boat filed a Motion to Reopen the Time to File an Appeal, claiming it did not receive notice of the denial of its Motion to Amend. The district court denied the Motion to Reopen, finding that American Boat received timely electronic notice. American Boat appealed, and we reversed the district court’s judgment and remanded for an evidentiary hearing to determine whether American Boat should be permitted to reopen the time to file an appeal.1 After conducting an evidentiary hearing, the district court again denied American Boat’s Motion to Reopen. We now affirm.

The opinion can be viewed here. Thanks to How Appealing.


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