Opinion
A22-0564
09-13-2022
In re Estate of: Ivan Synhaivsky, Decedent.
Hennepin County District Court File No. 27-PA-PR-19-36
Considered and decided by Connolly, Presiding Judge; Bratvold, Judge; and Frisch, Judge.
ORDER OPINION
FRANCIS J. CONNOLLY, JUDGE
BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:
1. The district court order removing appellant Natalie Synhaivsky as the personal representative of the estate of the late Ivan Synhaivsky and appointing respondent Arkady Synhavsky as the personal representative was filed on February 15, 2022.
Respondent spells the surname differently from appellant and the decedent.
2. An appeal may be taken within 60 days after service of written notice of the order having been filed. Minn. R. Civ. App. P. 104.01, subd. 1. If service of the written notice is by mail, three days are added to the date of filing under Minn. R. Civ. App. P. 125.03.
3. Respondent's attorney served written notice of the filing of the February 15, 2022, decision being appealed by mail on February 17, 2022.
4. Sixty days from February 17, 2022, was April 18, 2022. Because respondent's attorney served notice of filing by mail, three extra days were added to the appeal period, and the time to appeal expired on April 21, 2022.
5. The notice of appeal was filed on April 22, 2022.
6. This court may not extend the time for filing a notice of appeal. Minn. R. Civ. App. P. 126.02; Township. of Honner v. Redwood County, 518 N.W.2d 639, 641 (Minn.App. 1994) ("This court has held in a variety of contexts that we lack jurisdiction to consider an untimely appeal."), rev. denied (Minn. Sept. 16, 1994).
IT IS HEREBY ORDERED:
1. This appeal is dismissed.
2. Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1(c), this order opinion is nonprecedential, except as law of the case, res judicata, or collateral estoppel.