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

Asked over 2 years ago - Columbia, SC

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?

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Attorney answers (2)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Going on through an appeal process without an attorney is very difficult and leads to lots of problems that can be avoided.

You have to sit down with an attorney licensed in South Carolina and go over things. Many factors will come into play about whether you have any appealable issue. The entire record must be reviewed and all facts considered to determine what should and what should not be in the record and what the omissions of materials in the record by the appellant means.

Get a lawyer right away because appeal deadlines are strict.

Good luck to you.

God bless.

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Brian K Stanley

Reputation Level 8

Answered over 2 years ago. Appeals Lawyer in Phoenix, AZ.

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Move to dismiss. It is the appellant's duty to provide the appelate court with the record it needs to resolve his appeal. SC Appellate Rule 210 reflects this ("Appellant shall serve ..." "Appellant must file ...") but it is a basic aspect of appellate practice almost everywhere, so you should be able to find at least one reported SC cases that says so. The court won't be any more annoyed by a motion to dismiss than by another motion requesting that the record be filed correctly.

Make sure your motion complies with SC Appellate Rule 240. Point out that Appellant has failed to include items designated by you, and that he has done so repeatedly, and that he has not only failed to comply with R 210 but has failed to obey previous orders with regard to submission of the record.

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