Mississippi Supreme Court

Matthew Wade Gilmer v. Michele Biegel, Bettie Ruth Johnson, Law Office of Bettie Ruth Johnson, Pllc, Drew McLemore…

September 14, 2023

Summary

The Court affirmed the denial of Gilmer’s motion to have his untimely notice of appeal accepted or to obtain an extension of time. It held that the trial court lacked authority because Gilmer filed his extension motion after the applicable deadline, and that the Supreme Court could not suspend the mandatory appellate deadline or use a second appeal to circumvent its prior dismissal. Gilmer’s separate claim that his illness tolled the deadline was waived because it was raised for the first time on appeal.