AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Plaintiff-Appellant, Terry Gaffney, intended to file a notice of appeal against a district court's order that granted summary judgment in favor of the Defendant, Robin Hood Water Users Association, Inc. On the day the notice was due, the Appellant decided to assist a friend with a personal construction project instead of proceeding to the courthouse, resulting in the filing of the notice of appeal one day late.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: Argued that exceptional circumstances, specifically being called to an emergency involving a broken gas line, justified the late filing of the notice of appeal.
• Appellee: [Not applicable or not found]

Legal Issues

• Whether the Appellant's late filing of the notice of appeal can be excused due to exceptional circumstances.

Disposition

• The appeal was dismissed due to the late filing of the notice of appeal.

Reasons

• The Court, consisting of Judges Timothy L. Garcia, Michael D. Bustamante, and Jonathan B. Sutin, unanimously agreed to dismiss the appeal. The Court found that the Appellant's decision to assist with a personal construction project instead of filing the notice of appeal did not constitute an exceptional or unusual circumstance that would justify excusing the late filing. The Court emphasized that pro se litigants are required to comply with the rules and orders of the court and will not be treated differently than litigants with counsel. The Court also noted that only in exceptional circumstances beyond the control of the parties would an untimely appeal be entertained, and the Appellant's situation did not meet this criterion (paras 2-5).