A decision excusing a lawyer for missing a notice of appeal filing deadline because he was unaware of a $2.4 million judgment against his client was reversed yesterday by a federal appeals court.
Southern District Judge George Daniels (See Profile) in 2010 granted the motion of attorney W. Mark Mullineaux to reopen the time allowed to appeal, finding that the lawyer’s failure to update his email contact information on the Electronic Case Filing system, and thus receive notice of the judgment, was excusable neglect and no one was prejudiced.
