AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Plaintiff sued the Appellant in magistrate court, resulting in a judgment against the Appellant for $6,491.25. The judgment was entered on June 14, 2017. The Appellant was required to file a notice of appeal within fifteen days but filed the notice thirteen days late, on July 12, 2017 (para 2).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff: Filed a motion to dismiss the appeal based on the late filing of the notice of appeal (para 2).
• Appellant: Sought to justify the late filing of the notice of appeal by claiming she was informed she had thirty days to file, although there was no record evidence to support this claim (para 4).

Legal Issues

• Whether the district court erred in dismissing the Appellant's appeal due to the late filing of the notice of appeal.

Disposition

• The district court's order dismissing the appeal was affirmed (para 5).

Reasons

• Per LINDA M. VANZI, Chief Judge (STEPHEN G. FRENCH, Judge, and EMIL J. KIEHNE, Judge, concurring): The court held that timely filing of the notice of appeal is a mandatory precondition to the exercise of appellate jurisdiction. The Appellant's failure to file the notice of appeal within the prescribed fifteen-day period led to the dismissal of her appeal. The court found no unusual circumstances or court errors that would warrant overlooking this procedural defect. Additionally, the Appellant's claim of being misinformed about the filing deadline was not supported by the record, leading the court to presume the regularity of the proceedings in the lower courts. Therefore, the district court did not err in dismissing the appeal for being filed late (paras 1-5).