Trial happened on 12/6/10. Appeals documents sent by Certified Mail on 1/4/11. Arrived 1/7/11, one day after the 30-day deadline. Appeals clerk says it was filed in an untimely fashion. I say I've done due diligence in mailing on time (Certified, at that), and can't be held responsible for USPS delays. Nevermind that this particular 30-day period included the major holiday season and amounted to less than that, in business days. I referenced rule 8.25(b)(3) to the clerk:
Thanks.
And they tell me that the appeals documents I sent in are "original proceedings". I thought that's what the trial itself was?! I feel cheated by a court that bungled the trial itself and now is stonewalling my attempts to appeal it. Could anyone suggest any remedy I might have?(3)A brief, a petition for rehearing, an answer to a petition for rehearing, a petition for transfer of an appellate division case to the Court of Appeal, an answer to such a petition for transfer, a petition for review, an answer to a petition for review, or a reply to an answer to a petition for review is timely if the time to file it has not expired on the date of:
(A)Its mailing by priority or express mail as shown on the postmark or the postal receipt; or
Thanks.