Crossley v. Taylor, 2004 ME 37

Summary

The Maine Supreme Judicial Court held that the District Court abused its discretion by denying Crossley’s motion to extend the appeal period based on excusable neglect. The court concluded that the misleading notice of judgment, the short delay, and the absence of bad faith supported allowing the late appeal, and it vacated and remanded.

Holdings

1. When an appeal is filed only a short time late because the court's own notice misled the appellant about the filing deadline, and the record shows no bad faith or dilatory conduct, denying an extension for excusable neglect exceeds the bounds of the trial court's discretion.
2. When reasonably available, the trial judge who handled the underlying case is the preferable judge to consider a post-judgment motion to extend the time for appeal.

Questions Presented

1. Whether the District Court abused its discretion by denying Crossley's motion under M.R. App. P. 2(b)(5) to extend the time for filing an appeal when the court's notice misled him about the appeal deadline.
2. Whether a post-judgment motion to extend the time for appeal should preferably be presented to the trial judge when that judge is reasonably available.

Disposition

vacated