Narrative Opinion Summary
Dennis W. Brown's motion for reconsideration of the May 1, 2006 order, which dismissed his appeal due to the failure to file a brief, has been granted. Brown's counsel claimed that she faxed a motion for an extension of time to file the brief but did not follow up with the required mailing of the original and copies to the court, as mandated by the Federal Circuit Rules and Federal Rules of Appellate Procedure. The court noted the lack of mailed documentation and reminded counsel to adhere to these procedures for future filings. Consequently, the previous dismissal order has been vacated, and the court's mandate is recalled.
Legal Issues Addressed
Procedural Requirements for Filing Appealssubscribe to see similar legal issues
Application: Counsel's failure to adhere to procedural requirements, specifically the mailing of original documents and copies, led to the initial dismissal of the appeal.
Reasoning: Brown's counsel claimed that she faxed a motion for an extension of time to file the brief but did not follow up with the required mailing of the original and copies to the court, as mandated by the Federal Circuit Rules and Federal Rules of Appellate Procedure.
Reconsideration of Appeal Dismissalsubscribe to see similar legal issues
Application: The court granted the motion for reconsideration of an appeal dismissal due to procedural noncompliance by the appellant's counsel.
Reasoning: Dennis W. Brown's motion for reconsideration of the May 1, 2006 order, which dismissed his appeal due to the failure to file a brief, has been granted.
Vacating Dismissal Orderssubscribe to see similar legal issues
Application: The court vacated the previous dismissal order upon granting the motion for reconsideration.
Reasoning: Consequently, the previous dismissal order has been vacated, and the court's mandate is recalled.