No. 25-980

Mark DuHall v. Michael Samuels, et al.

Lower Court: Colorado
Docketed: 2026-02-18
Status: Pending
Type: Paid
Tags: appellate-procedure electronic-filing jurisdiction mandate-recall notice-of-appeal procedural-rules
Latest Conference: N/A
Question Presented (from Petition)

The question presented for review is whether the Colorado Courts of Appeals may dismiss an appeal pursuant to a court-made rule, C.A.R. 4(a), because the e-filed notice of appeal was filed at 12:02 am the day after the notice was due.

Question Presented (AI Summary)

Whether a state appellate court may dismiss an appeal based on a local court rule requiring strict compliance with electronic filing deadlines when the notice of appeal is filed two minutes after midnight on the day after the deadline

Docket Entries

2026-04-10
Brief of Michael Samuels, et al. in opposition submitted.
2026-04-10
Brief of respondents Michael Samuels, et al. in opposition filed.
2026-03-18
Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2026.
2026-03-13
Motion to extend the time to file a response from March 20, 2026 to April 10, 2026, submitted to The Clerk.
2025-12-09
Petition for a writ of certiorari filed. (Response due March 20, 2026)

Attorneys

Mark DuHall
Mark DuHall — Petitioner
Michael Samuels, et al.
Danielle Rae BettencourtFairfield & Woods P.C., Respondent
Michael R. McCurdyFairfield and Woods, P.C., Respondent