Thursday, November 6, 2014

MOTION TO RECONSIDER IN TRIAL COURT DOES NOT TOLL TIME FOR FILING NOTICE OF APPEAL

The Supreme Court of Rhode Island has reiterated -- for about the hundredth time -- that a notice of appeal must be filed within twenty days of entry of the judgment or order appealed from, and that a motion to reconsider does NOT toll that time period. City National Bank v. Main & West LLC. The case involved a judgment creditor's unsuccessful effort to get an execution on its judgment. The appeal was untimely in a number of ways, and SCORI disposed of it in conference without argument. In a two-page order, the Court reminded that "motions to reconsider do not serve as a substitute for a party's failure to file a timely appeal."

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