Wednesday, August 10, 2011

Just the Fax

Crocker v. Crocker, 2011 VT 82 (mem.)

From the attorney nightmare file comes this chilling tale.  Final judgment at the trial court in this case was filed on May 13, 2011.  Appellant had 30 days to file a notice of appeal with the SCOV.  On June 13, 2011—the thirtieth day—Appellant faxes the Court a copy of the notice of appeal.  The original arrives one day later.

This, as the SCOV bluntly notes, does not work.  You cannot fax a copy of the notice to the SCOV without permission from the Court, and the acceptable filing was a day late, dollar short.  Appeal is dismissed 

No new law here, but a powerful reminder.  Appeal in a timely manner, or you will be completely and utterly out of luck.

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