May v. Mahone

Ct. of Appeals remanded plaintiff’s appeal for determination as to whether plaintiff had filed timely notice of appeal. On remand, Dist. Ct. conducted hearing that resulted in finding that plaintiff had failed to carry his burden of showing that instant notice of appeal was filed by August 10, 2015 due date, where Dist. Ct. found that plaintiff’s testimony was not believable, and that record otherwise supported finding that notice of appeal was not filed until sometime after October 15, 2015. As such, Appellate Court lacked jurisdiction to resolve appeal.