U.S. Court of Appeals for the Second Circuit
Notice of Appeal
Timeliness — Excuse
Communications Network International Ltd. v. MCI Worldcom Communications
Judges Katzmann, Lynch and Kaplan
Background: Worldcom argued that the district court erred in reopening the time within which the defendant-appellant could appeal from certain orders of the district court. The appellant had argued that it never received Civil Rule 77(d) notice and therefore failed to timely file notice of appeal.
Ruling: The Second Circuit reversed. The court found that the district court had exceeded the bounds of its discretion in granting such relief. Specifically, the failure to receive notice was entirely and indefensibly the fault of CNI’s counsel and it was incumbent upon counsel to watch the docket.
William Mark Mullineaux of Astor Weiss Kaplan & Mandel for the appellant-cross-appellee Communications Network International Ltd.; Mark A. Shaiken and Andrew W. Muller of Stinson Morrison Hecker for the appellee-cross-appellant MCI Worldcom Communciations Inc.