Check that spam filter

The ABA Journal reports Law firm's automatic deletion of spam emails is blamed for failure to file timely appeal:

A Florida law firm’s failure to appeal an order assessing attorney fees doesn’t constitute excusable neglect when its email system apparently perceived the order to be spam and erased it, a Florida appeals court has ruled.

The Aug. 10 decision by Florida’s First District Court of Appeal is being touted as a cautionary tale for lawyers, Law.com (sub. req.) reports.

Relatedly, today's DJ features Charlie Bird in Testing Extension Statutes in the Age of PACER, about Hamer v. Neighborhood Housing Services of Chicago, this SCOTUS term's hot appellate procedural case.

Hamer and amicus curiae the American Academy of Appellate Lawyers argue that the rule is a mandatory claim processing rule. The core of the argument is that only Congress can grant or deny appellate jurisdiction. Because 28 U.S.C. Section 2107(c) enacts no limit on the time a district judge can allow for an extension, the court of appeals has indestructible jurisdiction over an appeal filed within the time specified in an order issued under that statute.