Missing a notice of appeal deadline is a nightmare scenario for an attorney. It's easy to imagine how it could happen: Final judgments can come at somewhat random times, and it's not a deadline that PACER flags for counsel. And, depending on how things go, it may be difficult or impossible to get the deadline extended. If that happens, that's it: your case may be over.
It looks like this nightmare almost played out in a recent District of Delaware case.
In Belden Canada ULC v. CommScope, Inc., C.A. No. 22-782-RGA (D. Del.), the Court entered a final judgment on October 14, 2025. The notice of appeal was due Thursday, November 13, 2025. On the following Tuesday, counsel filed an opposed motion for an extension of time on filing the notice of appeal.
The Court granted the motion, holding that the 5-day delay was caused by excusable neglect:
The parties agree that the issue here is whether Plaintiff has established excusable neglect. I consider that: (1) the parties (as well as me) knew that Plaintiff planned to appeal (D.I. 339, Ex. A); (2) Plaintiff’s attorney calculated the relevant deadline; (3) Plaintiff’s attorney erroneously did not calendar the deadline; (4) Plaintiff’s attorney erroneously thought someone else was drafting the notice of appeal; (5) very soon after the deadline passed, Plaintiff’s attorney realized his errors; and (6) Plaintiff filed the motion for extension of time the next day. The considerations other than item (1) are all shown by Plaintiff’s attorney’s declaration. (D.I. 337). I think the above facts constitute excusable neglect.
Belden Canada ULC v. CommScope, Inc., C.A. No. 22-782-RGA, D.I. 340 (D. Del. Dec. 10, 2025). Whew, I bet that was a relief!
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