Opinion
15–P–1605
01-17-2017
PORTFOLIO RECOVERY ASSOCIATES, LLC v. Isaac SAIAS.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant in this credit card debt collection case has appealed from a decision of the Appellate Division of the District Court affirming the denial of his motion to file a late notice of appeal. It is undisputed that Saias failed to file a notice of appeal within the time period allowed. See Dist./ Mun.Cts. Appellate Division Appeal Rule 4(a) (2013). The only question is whether the Appellate Division erred in concluding that Saias had not demonstrated "good cause" for his failure to timely file. Dist./Mun.Cts. Appellate Division Appeal Rule 14(b) (1994). See Bernard v. United Brands Co ., 27 Mass. App. Ct. 415, 418–419 & n.8 (1989) (good cause tantamount to excusable neglect, which requires showing of unique or extraordinary circumstances).
That question, however, is one about which Saias makes no argument, let alone showing, in this appeal to us. Indeed, Saias does not address the Appellate Division's decision at all in his brief. We accordingly affirm the decision and order of the Appellate Division.
Instead, Saias's brief is dedicated to the merits of the underlying case, which resulted in a judgment against him. The merits, however, are not properly before us because Saias failed to preserve his appellate rights by filing a timely notice of appeal.
We note that the Appellate Division's decision (Swan and Singh, JJ.) is exemplary.
The plaintiff's request for fees and costs is denied.
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So ordered .