Asked 3 months ago - Los Angeles, CAFlag
Judge signed final decree and now wife is trying to appeal. Will wife have a case if time lingers past the amount of days allowed under operational law? Does this hold true in all states?
It's not clear if your ex is really filing a true "appeal" (which is subject to extremely strict time limits in California), or is asking for some other sort of relief, (reconsideration, set-aside due to mistake, etc.) which may not be subject to such strict time limits. The rules in other states don't matter if you have a California dissolution.
What do mean she is "trying" to appeal. Did she file a notice of appeal or not? There are various deadlines associated with the appellate process including 1) the filing of the notice of appeal; 2) designating the record on appeal; 3) paying for the record on appeal; and 4) filing the opening brief. These deadlines are strict and specific.
Appeal has to be filed in clerk's office within certain number of days. If appeal is not filed within prescribed period by law, the judge's ruling /decree shall be final. I think you are referring to time beyond prescribed statutory period to file appeal as "time lingers past the amount of days allowed under the operational law". All states have time period within which an appeal must be filed.
As you can see by the answers of experienced lawyers, your description of 'trying' to appeal does not tell us more than your former wife is not happy with the judgment. You have not been clear as to whether the judgment was a result of a court trial or by a stipulation. In any event, whether or not the judgment is appealable depends upon all the factors discussed by my colleagues.
A judgment once entered (not just signed) is final, subject to various possible motions such as modifications, reconsideration, set aside as well as appeal. This is true in most, if not all states. The difficulty in succeeding with any such procedings depends upon the facts and the timing. Unfortunately, you have provided us with none.
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