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CUEVAS v. LADNER

No. 2011-CA-00108-COA.

86 So.3d 936 (2012)

Lloyd Wayne CUEVAS and Charlotte Angell Cuevas, Appellants v. Angela K. LADNER and Kelly C. Smith, Appellees.

Court of Appeals of Mississippi.

April 10, 2012.

Attorney(s) appearing for the Case

Michele Dawn Biegel , B. Ruth Johnson , Jackson, attorneys for appellants.

James C. Simpson Jr. , Biloxi, attorney for appellees.

Before GRIFFIS, P.J., MAXWELL and RUSSELL, JJ.

MAXWELL, J., for the Court:

¶ 1. Lloyd Wayne Cuevas1 missed the deadline for filing a notice of appeal from an adverse ruling in the Harrison County Chancery Court. He moved to reopen the time for appeal under Mississippi Rule of Appellate Procedure 4(h), alleging he did not receive proper notice of the entry of the chancellor's order. Because Cuevas provided a specific factual denial of receipt of notice, supported by an affidavit...

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