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What are the chances that my ex spouse's dismissed appeal will be reinstated?

Mesa, AZ |

My divorce was finalized in Nov of 2012. My ex spouse filed a notice of appeal in July of 2013. The appeals court dismissed her appeal in October 2013, due to it being untimely. As the notice of appeal was filed past the 30 day time limit. My ex spouse filed a Motion for Reconsideration of the dismissed appeal. I received a letter from the appeals court requesting me to file a reply to the motion for reconsideration. What are the chances that the court of appeals division 1 would affirm the motion for reconsideration filed by my ex spouse? My thoughts are that the law is the law, if my ex spouse only has 30 days to file an appeal and has not been granted an extension then the courts should follow the law on the time limit. Any advice?

Attorney Answers 5


  1. Probably not good but if you want advice, if you are satisfied with the divorce outcome and don't want to take a chance of doing it again, my advice would be to get an attorney to file your response.

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  2. I am not familiar with your court and my appellate practice has involved very little divorce work, but my thought is that if the court has asked you to respond it is taking the motion seriously and you will need a much better and more case-specific answer than what you have proposed. A showing of prejudice to you resulting from the additional delay would be ideal. A rant directed at your ex would be counterproductive and might increase the probability of his motion being granted. It would be worth turning to an attorney familiar with divorce practice on appeal in your state.


  3. In CA a defendant has 60 days after judgment to file. Why do I mention that? Because if the court is approached with the correct facts, it will permit the appeal. In short, Mr. Sach's recommendation is very astute. Suggest strongly that you obtain counsel. And not reply as you have suggested.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  4. This is a very serious matter. You should speak to an attorney, or several attorneys, about this matter right away. Look for attorneys with appeals experience and advise you want this matter resolved. Make sure to seek attorney fees and costs in your pleadings.

    This is dealing with Arizona law only and does not constitute a attorney client relationship. There is no privilege in this forum. The information is somewhat anecdotal because of the nature of applying fact to law and the limitations this forum provides.


  5. If you've been asked to respond to the motion, then you must of course do so. Outside extraordinary circumstances, I would expect an appeal filed several months after a final order to be easily dismissed. But I would need to know so much more to provide a better assessment.

    A qualified and experienced family law attorney can of course assist you in getting where you need to be. Most of us offer free, 1/2 hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss any further procedural or substantive matters.

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