A two-day divorced trial was ruled to my favor. No objections were filed to the statement of decision, or to the tentative judgment.
The California Superior Court issued a final judgment.
Then he substituted his attorney and the new attorney filed for appeal; however, the new attorney failed to file proper forms or documentations with the court of appeal. So the court of appeal sent out a “Default Notice” giving them a deadline (14 days) to file Case Information Statement or the appeal would be dismissed.
The deadline passed and they did not file the case information statement. So 4 days after the deadline had passed and they had defaulted he fired his second attorney and hired a new attorney. The substitution of attorney took place 4 days after the deadline had passed.
The new big shot attorney who also works with the court of appeal filed for extension of time to file (Form 2DCA-02) and it was granted.
Is there any law that would prohibit what they did or having connections at court is superior to the law ?
Divorce / Separation Lawyer
Dealing with the appellate court can be very difficult. In fact there are attorneys who specifically work in the area of appeals. I would suggest you meet with a few appellate attorneys for help before it is too late.
3 lawyers agree
To answer your question, yes the rules allow appellate courts to grant relief and extend deadlines under these types of situations. In fact, our appellate courts tend to grant such relief many more times than they deny it; because it sees its role as resolving cases on the merits and not on technicalities (with some limitations not germane to your facts).
If, as you say, your ex has retained an appellate specialist who used to work for the court, you are well advised to reciprocate and retain someone similar.
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4 lawyers agree
No. The Court of Appeals may grant additional time to file a brief at their discretion, and as the other attorneys pointed out, the extension is almost automatic unless some type of undue prejudice is shown. Based on the facts given there is none. I would also advise you seek appellate counsel.
Please note that attorney answers to questions, such as this one, are for general purposes only and do not establish an attorney-client relationship. Always seek advice from an attorney in person (or over the phone) and do not rely on blogs, internet legal research, or posts such as this one. Thanks!
2 lawyers agree