In an appeal of alimony, the appellant has incorrectly submitted a Record on Appeal four times. What do I do?
Both parties are representing themselves pro se in this appeal. And while I appreciate that I should seek the services of an attorney, my finances make this impossible based on the retainers I have been quoted so far. So, I appreciate any feedback anyone is willing to give here. I am desperate for help.
The divorce was at-fault, my ex-husband admitted adultery and abuse at trial, and I am disabled by law and was supported throughout the marriage by my husband. The Appellant has repeatedly failed to follow the rules of the court during his appeal, and I have filed two previous motions objecting to his behavior. The court has shown leniency toward him with each motion filed, extending his deadlines, accepting sloppy filings, etc. Now, he has submitted the Record containing items not designated by either party and he has omitted items designated by me, the Respondent. This is the fifth time he has done something similar, and the fifth time I have petitioned the court to intervene and order corrections. If I file yet another motion requesting that the Record be re-filed correctly, will the court be annoyed that I have again filed a motion against him? Shouldn't they, by this point, make a motion themselves to dismiss the case? An objective friend believes the court might see another motion filed by me as a stalling tactic on my part; however, it is not. I am simply trying to follow the rules to the letter, but he is not making it easy. But the last thing I want to do is annoy the clerk or judges. Should I move to dismiss the appeal, or move to have the Record corrected? If dismiss, based on what grounds? Or, should I do nothing and address his non-compliance with the court's rules in my final brief? According to the rules I have found, my final brief is supposed to be identical to my initial brief except for references to the Record. His failure to provide an adequate Record was not mentioned in my Initial Brief, of course, so I am leaning toward filing a motion to dismiss. Thanks for your feedback.
Both parties are representing themselves pro se in this appeal. And while I appreciate that I should seek the services of an attorney, my finances make this impossible based on the retainers I have been quoted so far. So, I appreciate any feedback anyone is willing to give here. I am desperate for help.
The divorce was at-fault, my ex-husband admitted adultery and abuse at trial, and I am disabled by law and was supported throughout the marriage by my husband. The Appellant has repeatedly failed to follow the rules of the court during his appeal, and I have filed two previous motions objecting to his behavior. The court has shown leniency toward him with each motion filed, extending his deadlines, accepting sloppy filings, etc. Now, he has submitted the Record containing items not designated by either party and he has omitted items designated by me, the Respondent. This is the fifth time he has done something similar, and the fifth time I have petitioned the court to intervene and order corrections. If I file yet another motion requesting that the Record be re-filed correctly, will the court be annoyed that I have again filed a motion against him? Shouldn't they, by this point, make a motion themselves to dismiss the case? An objective friend believes the court might see another motion filed by me as a stalling tactic on my part; however, it is not. I am simply trying to follow the rules to the letter, but he is not making it easy. But the last thing I want to do is annoy the clerk or judges. Should I move to dismiss the appeal, or move to have the Record corrected? If dismiss, based on what grounds? Or, should I do nothing and address his non-compliance with the court's rules in my final brief? According to the rules I have found, my final brief is supposed to be identical to my initial brief except for references to the Record. His failure to provide an adequate Record was not mentioned in my Initial Brief, of course, so I am leaning toward filing a motion to dismiss. Thanks for your feedback.
