Dawson v. Burt Steel, Inc.
| Docket Number: | 2006-CA-01819-COA Linked Case(s): 2006-CA-01819-COA ; 2006-CA-01819-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-01-2008 Opinion Author: LEE, P.J. Holding: Appeal Dismissed |
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| Additional Case Information: |
Topic: Personal injury - Timeliness of appeal - M.R.A.P. 4(a) & (h) - M.R.C.P. 62(b) Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): ISHEE, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 06-06-2006 Appealed from: Hancock County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: SUMMARY JUDGMENT FOR DEFENDANTS/APPELLEES Case Number: 97-0341 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | WENDELL DAWSON |
JAMES H. COLMER, JR.,
KELLY CASH LEE |
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| Appellee: | BURT STEEL, INC. AND B & S ERECTION, INC. | EDWARD C. TAYLOR, DAVID BRUCE KRAUSE | ||
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| Topic: | Personal injury - Timeliness of appeal - M.R.A.P. 4(a) & (h) - M.R.C.P. 62(b) |
| Summary of the Facts: | Wendell Dawson appeals the Hancock County Circuit Court’s grant of summary judgment in favor of Burt Steel, Inc., and B&S Erection, Inc. |
| Summary of Opinion Analysis: | Final judgment was entered in favor of Burt Steel and B&S Erection on June 8, 2006. On June 19, 2006, Dawson filed a motion for reconsideration. The motion was denied on July 3, 2006. However, neither party received notice that the motion was denied. Dawson filed his notice of appeal on October 23, 2006. According to M.R.A.P. 4(a), Dawson had thirty days to file a notice of appeal from the date of entry of the final judgment. Pursuant to M.R.C.P. 62(b), the final judgment was stayed until July 3, 2006, when the motion to reconsider was denied. Thus, the notice of appeal should have been filed by August 2, 2006. It appears from the record that the attorneys from each side, through their own agreement, determined to extend the time for filing a notice of appeal until October 23, 2006. M.R.A.P. 4(h) requires the appealing party to file a motion with the trial court to reopen the time for appeal. The record does not show that a motion was made or order entered allowing the time for filing a notice of appeal to be extended. Since the time to file a notice of appeal is a jurisdictional issue that cannot be waived by the parties, the appeal is dismissed for lack of jurisdiction. |
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