Thursday, January 5, 2012

Appeals. Day-late appeal dismissed. Fax is not effective method for filing notice of appeal.

Crocker v. Crocker, 2011 VT 82 (mem.)

A notice of appeal must be filed in the superior court within thirty days of the date of the entry of judgment or order appealed from. V.R.A.P. 4(a). Here the notice of appeal needed to be filed by June 13, 2011. A facsimile copy of the notice of appeal was received on June 13, but this is not an appropriate method for filing the notice of appeal. V.R.C.P. 5(e) (listing means by which filing may be accomplished to include delivery or sending by first-class mail or commercial carrier). The original notice of appeal was not received by mail until June 14, 2011, one day beyond the deadline. Therefore, the appeal is dismissed.

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