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Fiske v. Perry

Supreme Court of Vermont
Jun 8, 2007
929 A.2d 277 (Vt. 2007)

Summary

dismissing appeal where notice was filed one day after deadline

Summary of this case from Moran v. Vt. State Ret. Bd. & Vt. State Treasurer

Opinion

No. 07-044.

June 8, 2007.

Appeal from Windham Superior Court. Wesley, J.


¶ 1. Appellee moves to dismiss the appeal as untimely filed. The judgment in this case was issued on January 5, 2007, such that the notice of appeal would be due February 4, 2007. See V.R.A.P. 4 (providing thirty days from date of judgment to file notice of appeal). Because this date fell on a Sunday, the notice of appeal was required to be filed by Monday, February 5, 2007. See V.R.A.P. 26 (providing that computation of time is governed by Rule of Civil Procedure 6); V.R.C.P. 6 (providing that, if end of time period falls on a Sunday, filing is due the following business day). Appellant did not file her notice of appeal until February 6, 2007. Although appellant had faxed a copy of the notice of appeal on February 5, 2007, Vermont Rule of Appellate Procedure 25(a) does not provide for fax filing of a notice of appeal. Other than personal delivery, Rule 25(a) provides only for filing "by mail addressed to the clerk." Accordingly, the appeal is untimely and is dismissed.

Appellant filed her notice of appeal with this Court, and while an appellant is required to file the notice of appeal with the trial court, if a notice of appeal is mistakenly filed with this Court, it is deemed filed on that date. See V.R.A.P. 4.


Summaries of

Fiske v. Perry

Supreme Court of Vermont
Jun 8, 2007
929 A.2d 277 (Vt. 2007)

dismissing appeal where notice was filed one day after deadline

Summary of this case from Moran v. Vt. State Ret. Bd. & Vt. State Treasurer
Case details for

Fiske v. Perry

Case Details

Full title:Dana FISKE v. David A. PERRY, DMD

Court:Supreme Court of Vermont

Date published: Jun 8, 2007

Citations

929 A.2d 277 (Vt. 2007)
929 A.2d 277
2007 Vt. 58

Citing Cases

Moran v. Vt. State Ret. Bd. & Vt. State Treasurer

The appeal that has been filed arises from the superior court's dismissal, not the decision of the state…