Procedural question for an attorney

[bookgirlac]

What is the name of your state (only U.S. law)? South Carolina

In an appeal of alimony, the appellant has incorrectly submitted the Record on Appeal four times. What do I do?

Both parties are representing themselves pro se in this appeal. The divorce was at-fault, the husband admitted adultery and abuse at trial, and the wife is disabled by law and was supported throughout the marriage by her husband. The Appellant has repeatedly failed to follow the rules of the court, and the Respondent has filed two previous motions objecting to his behavior. The court has shown leniency toward him with each motion filed. Now, he has submitted the Record containing items not designated by either party and he has omitted items designated by me, the Respondent. 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 for this. Should I move to dismiss the appeal. If so, based on what grounds?

[Ohiogal]

Originally Posted by bookgirlac

What is the name of your state (only U.S. law)? South Carolina

In an appeal of alimony, the appellant has incorrectly submitted the Record on Appeal four times. What do I do?

Both parties are representing themselves pro se in this appeal. The divorce was at-fault, the husband admitted adultery and abuse at trial, and the wife is disabled by law and was supported throughout the marriage by her husband. The Appellant has repeatedly failed to follow the rules of the court, and the Respondent has filed two previous motions objecting to his behavior. The court has shown leniency toward him with each motion filed. Now, he has submitted the Record containing items not designated by either party and he has omitted items designated by me, the Respondent. 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 for this. Should I move to dismiss the appeal. If so, based on what grounds?

Why didn't Appellant get a copy of the transcript of the trial? Object to the "record" if it is wrong and ask that the appeal be dismissed.

[Ronin]

Not an attorney, but do have considerable knowlege of this...

Assuming this is an appeal to a state court of appeals, you do not really have to do a darn thing until after the appellant has filed a brief and given you a copy, and the court of appeals requests a reply brief from you. In the reply brief you can address any errors or omissions made by the appellant.

With a pro se appellant who is already making so many procedural errors, the odds are almost zero the court of appeals will overturn the lower courts rulings. Although certainly not recommended, it is altogether likely that an appellee can simply ignore an appeal, and the appellant will still lose.

This is because a court of appeals will start with the presumption the lower court is right and the appellant is wrong. An appellant has the burden of proving he is right and the lower court is wrong. In most cases the appellee only needs to wait for the brief and rebut any really good points the appellant makes showing the court made an error of law. Assuming there are such points...

[bookgirlac]

Thanks for the feedback. The court hasn't seemed to reprimand the appellant unless I file a motion requesting his filed documents be redone correctly. In short, the clerk just seems to accept whatever he sends (they have ordered a few format changes now and then). I'm worried if I just let this Record on Appeal slide through without the items I designated, the judges will just accept it and not realize he's included things forbidden by our state's rules. On the other hand, do I waste a filing fee of $25 to submit a motion, especially if it annoys the clerk's office or judges because I've done this before? The last thing I want is to extend this appeal. I need closure. It's been dragging on for two years because of my ex-husband's repeated mistakes and missed deadlines and requests for extensions. My level of stress and insecurity has gone through the roof waiting for a decision.

And if I wait and address his inadequate Record only in the Final Brief, will that reflect badly on me as not following the rules either? The rules say the Final Brief must be identical to the Initial Brief except for citations to the Record. Obviously, I didn't have anything about my ex-husband's failure to obey court rules in my Initial Brief.

Sorry if this is rambling or crazy sounding. I'm just worried and scared, and can't afford to hire the services of an attorney.