[¶ 1] Roxanne Alley appeals from judgments entered in the District Court (Augusta, Worth, J.) denying her motions for relief from judgment pursuant to M.R. Civ. P. 60(b) and for enlargement of time to file a notice of appeal from the denial of Rule 60(b) relief. We are unpersuaded by Roxanne’s contention that her failure to timely appeal the District Court’s judgment denying her Rule 60(b) motion was the product of excusable neglect, and we affirm the judgments.
[¶ 2] An attorney’s “mistaken belief as to the law does not rise to the level of excusable neglect.” Young v. Sturdy Furniture Co.,
[¶ 3] Although Roxanne did not timely appeal the denial of her Rule 60(b) motion, she contends in her statement of issues in her brief that the District Court violated her civil rights when it did not hear witness testimony at the hearing on the motion. Roxanne, however, failed to brief any issue relating to that denial, and we will not consider issues that are mentioned in a statement of issues but are not briefed. Holland v. Sebunya,
[¶ 4] The circumstances in this case support the imposition of sanctions pursuant to M.RApp. P. 13(f). Roxanne’s appeal from the judgment denying her Rule 60(b) motion was made without any “reasonable likelihood of prevailing.” Auburn Harpswell Ass’n v. Day,
[¶5] Furthermore, Roxanne’s appeal of the District Court’s denial of her motion for enlargement of time is without merit. Her brief does not cite any legal authority for her contentions and is not signed by her or her counsel. M.R.App. P. 9(a)(4) and (f). She provides no explanation for why her failure to file a timely appeal was not simply the result of “[c]ounsel’s mistaken belief as to the law.” Young,
[¶ 6] As a consequence of these appeals, Roxanne has prevented the District Court from ruling on a pending motion to order the distribution of $102,507.11 currently being held in escrow, and has delayed the implementation of a divorce judgment entered almost two years ago. For the above reasons we conclude that sanctions pursuant to M.R.App. P. 13(f) are appropriate and award John M. Alley Jr. treble costs and attorney fees.
The entry is:
Judgments affirmed. Pursuant to M.R.App. P. 13(f), John M. Alley Jr. is awarded treble costs and attorney fees. Remanded to the District Court to determine the amount of attorney fees and to promptly consider the pending motion to order distribution of funds.
