“This case took place during a pandemic where court procedures departed from the norm,” Judge Melanie G. May wrote on behalf of the three-judge appellate panel. “Plaintiff’s counsel should have been aware of the trial court’s instructions, but once it became apparent that plaintiff’s counsel was not in compliance with those instructions, his only alternative was to ask for additional time to comply, which he did. The court had already ruled on the plaintiff’s entitlement to fees and costs, but then refused to award them when plaintiff’s counsel failed to appreciate the procedures required due to the pandemic.”


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