Penny M. Draves has filed a motion for an extension of time to file a petition for review of the September 6, 2011, decision of the Minnesota Court of Appeals. Respondent opposes the motion.
Minnesota Rule of Civil Appellate Procedure 117 requires a petition for review of a decision of the court of appeals to be served and filed within 30 days of the filing of the court of appeals decision. Although Minn. R. Civ. App. P. 126.02 generally authorizes the court to extend time limitations for good cause shown, it specifically provides that "[t]he appellate court may not extend . . . the time prescribed by law for securing review of a decision or an order of a court . . . except as specifically authorized by law." An extension of time to file a petition for review of a decision of the court of appeals in a civil case is therefore not authorized by the Rules of Civil Appellate Procedure. We have allowed the late filing of an appeal "in the interests of justice," In re Welfare of L.A.F., 540 N.W.2d 304 (Minn. 1995), but the circumstances in which such exceptions are made are very limited, see In re Welfare of J.R., Jr., 655 N.W.2d 1 (Minn. 2003). This case does not present circumstances that warrant such an exception.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the motion of Penny M. Draves for an extension of time in which to file a petition for review be, and the same is, denied.
Dated: October 10, 2011
BY THE COURT:
/s/ Lorie S. Gildea
Lorie S. Gildea
Chief Justice