A reader has alerted me to a dandy notice of appeal issue now pending before the Law Court involving the apparent clash of two civil rules – catnip to appellate jockeys!
The case is Perry v. Dean, Docket No. BCD-17-412. Attached is a copy of an order reinstating the appeal that presents the issue. (Order Reinstating Appeal)
To fill in the gaps, the appellant filed the notice of appeal with the Business and Consumer Docket (BCD) by e-mail pursuant to M.R. Civ. P. 139 on the final day of the appeal period, but the paper copy with the appeal fee check did not arrive at the court until the following day. Justice Gorman dismissed the appeal as untimely, but on motion by the Appellant reinstated the appeal, as reflected in the attached order, with instructions that the parties shall brief whether the appeal is timely given the provision of M.R. Civ. P. 5(f) that a filing shall