Narrative Opinion Summary
Michael W. Blashford's motion to reinstate his appeal, which was dismissed on October 17, 2013, for failure to prosecute, is granted. Blashford asserts that he did not receive the court's prior order from August 28, 2013, which required him to submit his informal brief within 21 days. The court has vacated the dismissal order, recalled the mandate, and reinstated the appeal. Blashford is now required to submit his informal brief within 21 days from the date of this order.
Legal Issues Addressed
Failure to Receive Court Orderssubscribe to see similar legal issues
Application: A claim of non-receipt of a court order can be a valid ground for reinstatement of an appeal if it results in failure to comply with procedural requirements.
Reasoning: Blashford asserts that he did not receive the court's prior order from August 28, 2013, which required him to submit his informal brief within 21 days.
Reinstatement of Appealsubscribe to see similar legal issues
Application: The court has the authority to reinstate an appeal that was dismissed for failure to prosecute if justified reasons are presented by the appellant.
Reasoning: Michael W. Blashford's motion to reinstate his appeal, which was dismissed on October 17, 2013, for failure to prosecute, is granted.
Submission of Informal Briefssubscribe to see similar legal issues
Application: Upon reinstatement of an appeal, the appellant is required to comply with the submission deadlines as ordered by the court.
Reasoning: Blashford is now required to submit his informal brief within 21 days from the date of this order.
Vacating Dismissal Orderssubscribe to see similar legal issues
Application: A court may vacate a dismissal order and recall the mandate when procedural irregularities are demonstrated by the appellant.
Reasoning: The court has vacated the dismissal order, recalled the mandate, and reinstated the appeal.