When a party maintains that a notice of appeal is untimely and the Supreme Court has not yet docketed the appeal, the trial court has jurisdiction to dismiss the appeal for failure to comply with the Supreme Court’s Rules of Appellate Procedure. See R.I. Sup. Ct. R. App. P. 11. In Miller, Metropolitan filed its motion to dismiss Miller’s cross-appeal as untimely with the Superior Court. Miller at 4. When the Superior Court denied Metropolitan’s motion to dismiss, Metropolitan filed an appeal to the Supreme Court from that order. Id.
(3) A MOTION TO DISMISS AN APPEAL AS UNTIMELY IS FILED IN THE TRIAL COURT.
Posted In: Appeal Process Tagged In: Appeal Process, Appellate Practice, Notice of Appeal, Rhode Island Supreme Court
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Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.
