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Court Finds SPAM Filter Malfunction No Excuse for Attorneys Failure to Meet Filing Deadline
On February 28, 2005, the Arkansas trial court entered two orders disposing of claims brought by a plaintiff alleging breach of contract, promissory estoppel, fraud and deceit and tortuous interference with contractual relationships and business expectancies.
The plaintiff’s attorney filed a motion to extend the time to file a notice of appeal from the two orders based on the contention that he had not received notice that the orders had been entered. The court ruled that “the law imposes a duty on lawyers and litigants to exercise reasonable diligence to keep up with the status of their case” and that failure to receive the notice due to SPAM filters, did not relieve him of his duty to exercise due diligence in keeping up with the docket.
For a copy of the decision, visit:
http://courts.state.ar.us/unpublished/2006a/20060308/ca05-910.html