The Fourth Appellate District reversed an order with directions. In the published portion of its opinion, the court held that counsel’s reliance on opposing counsel’s oral agreement to extend a filing deadline was “excusable mistake,” entitling his client to relief from an order denying the subsequently filed motion as untimely.
Ron Burns Construction Company, Inc. sued Moore Electric, Inc., and others (collectively Moore). In 2005, the trial court entered judgment in favor of Burns and against Moore. Moore appealed. The court of appeal affirmed the judgment and also awarded Burns costs on appeal. The remittitur issued on September 5, 2007. After the issuance of the remittitur, Burns’s counsel prepared a motion for attorney fees. Before filing it, however, he contacted Moore’s counsel in the hope of settling the attorney fee claim. Negotiations ensued.
