The Mississippi Supreme Court handed down one opinion today. The issue is a battle between COVID and the rules of appellate procedure. Read on to see who won…
Gilmer v. Biegel, 2022-CP-00528-SCT (Civil – Other)
Affirming order denying appellant’s motion for extension under Rule 4(g) of the Mississippi Rules of Appellate Procedure, holding the 30-day window for a motion under Rule 4(g) is “hard edged” so the trial court properly denied the motion for extension filed 50 days after the initial appeal deadline passed, and the court was without jurisdiction to suspend the rules and allow the appeal to proceed as if timely filed.
(9-0)
NOTE – The appellant argued that a severe bout of COVID and resulting “brain fog” was to blame. He argued that the notice of appeal should be accepted as timely filed, “especially in light of this Court’s COVID-19 emergency orders authorizing trial courts to exercise sound discretion in extending deadline.” But the court was not persuaded:
Other Orders
Fair v. State, 2023-M-00783 (denying application for leave to proceed in the trial court, finding it frivolous, and warning that future frivolous filings could result in sanctions)
West Jasper Consolidated School District v. Rogers, 2021-CT-00171-SCT (denying cert)
In the Matter of the Estate of Biddle, 2021-CP-00513-SCT (denying rehearing)
Maxwell v. Panola County, 2021-CT-01001-SCT (denying cert)
Barber v. State, 2022-KA-00291-SCT (denying rehearing)
Mississippi Appeals Blog 