Tricky Appeal

I am trying to appeal a a Judge's decision to dismiss our case that was based on the Judge's assumption that certain expected events would happen. The respondent presented a stipulated order of dismissal with prejudice stipulating the Judge's memo of decison which was signed by my attorney who has since moved to another state.

The respondent then proceeded in a manner that did not follow the Judge's memo of decision and the associated stipulated order.

The Judge's decision is wrong beause the expected events did not occur. So now I am appealing the decision pro se. The respondent is now challenging my appeal by claiming I am introducing facts (that the events did not occur) which occurred after the Judge's ruling and per appellate court rules all facts must be on the record from the orininal case. This is a bit of a catch 22 in that if the respondent is corrent, I cannot prove the Judge's decision is wrong because I cannot introduce the facts that the events did not occur.

What am I missing here? (I live in WA)

Perhaps you should file a Motion to Enforce Judgment instead of appealing.

I am not a lawyer; I could be completely wrong.

Appeals are complex and very unforgiving of errors. There was not really a catch 22 in this case as you suggest. There are ways to introduce evidence into the record in preparation for an appeal via properly filed post-judgment motions. If these are not done then the opportunities are lost. The appeals court will not review anything that is not in the record.

The respondent presented a stipulated order of dismissal with prejudice stipulating the Judge's memo of decison which was signed by my attorney who has since moved to another state.

The respondent then proceeded in a manner that did not follow the Judge's memo of decision and the associated stipulated order.

The Judge's decision is wrong...

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I'm replying again because I re-read your post this morning. This was an Agreed Order, right? I do not see how you could prevail in appealing the Order - I don't see any judicial error in the Judge signing an Order that was presented as agreed to by the parties.

Your cause of action would seem to be a new one against the respondent for violating the Order.

Your contention that the Judge's decision was wrong would have to be that it was wrong based on the facts that were in evidence at the time. A party's failure to comply with an Order does not mean that the Order was wrong at the time it was entered.

Yes it is a stipulated order of dismissal with predjudice stipulating the Judge's Order. Since it was dismissed with prejudice I thought I needed to go through the appeal process to get the order dismissed and remanded bact to Superior court.

Since it was dismissed with prejudice I thought I needed to go through the appeal process to get the order dismissed and remanded bact to Superior court.

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That is correct