Instead, should I dismiss the appeal at this stage, and file a motion to vacate the order with the lower court, so that if my motion to vacate judgment is denied, I can hopefully get more time to appeal that decision.
I filed my appeal on June 17th, 2013, and haven't filed the Notice designating the record. Is there a remedy or rule allowing me to file it anyway so that my appeal is not dismissed? I haven't received any notices from the court about my appeal. I was misinformed that I had to pay for the cost of the reporter's transcripts in advance, but I have a fee waiver.
I also have not served the notice of appeal on the other party yet because I don't know what that deadline is either. It's an unlimited appeal (family law case).
You can still go forward with your appeal. If your designation of the record is late, you will eventually receive a notice of default that gives you ten days to file it. I recommend that you just go ahead and file your designation of record as soon as possible.
It is not necessary for you to serve the notice of appeal on the opposing party; by rule of court, the superior court clerk must do so.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.
Yes, you can still proceed with your appeal. You are better off doing so than to dismiss the appeal and starting over. Failing to timely designate the record just means that the Court of Appeal will send you a notice of default, giving you 10 days to comply.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
4 lawyers agree