Grant Reynolds, and the Estate of Dale C. Eckert Corporation v. Philip B. Wagner William Simon

What constitutes “excusable neglect” when the appellant fails to file a notice of appeal on time? We must interpret what, the Supreme Court did not say in a recent ease.

I .

In 1982, the Dale C. Eckert Corporation (“Eckert”), a general contractor, entered into a construction contract with Orange Tree Associates, a developer. Pursuant to that contract, Eckert was to construct a 100-unit condominium complex in Long Beach, California, for which Orange Tree was to pay it $5.3 million. Orange Tree funded the project by borrowing $10.56 million from State Savings and Loan Association, secured by a first lien on the real property.

State Savings ultimately became insolvent. In September 1988, the Federal Savings and Loan Insurance Corporation (“FSLIC”) was appointed as a receiver for the defunct institution. The FSLIC chartered New West Federal Savings and Loan Association (“New West”) as a successor entity. New West acquired the note on the Orange Tree project.

In April 1985, prior to the project’s completion, Orange Tree filed a petition in bankruptcy under Chapter 11. Orange Tree’s principal creditors were New West and Ec-kert, which held a $765,763 mechanics hen. Because the…