Cook v. Most Worshipful Grand Lodge (Majority)
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The Supreme Court vacated the order of the court of appeals granting the Grand Lodge's motion to dismiss Plaintiff's appeal from the circuit court order dismissing the complaint based on Plaintiff's failure to file a complete record while, at the same time, denying Plaintiff's motion for writ of certiorari to complete the record, holding that the appeal must be dismissed.
In dismissing Plaintiff's complaint the circuit court concluded that the complaint was legally insufficient. Plaintiff filed a notice of appeal but did not receive the transcript when the deadline to file the record passed. The Grand Lodge filed a motion seeking to dismiss the appeal for lack of jurisdiction, which the court of appeals granted. On appeal, Plaintiff argued that he could not have good faith filed a motion for an extension for filing the record with the clerk of the Supreme Court because he could not show that more time was necessary. The Supreme Court vacated the court of appeals' order and granted the Grand Lodge's motion to dismiss this appeal, holding that Plaintiff failed to file an extension order or demonstrate that he was unable to do so and failed to demonstrate that it would be unjust to dismiss his appeal.
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