I just received a 3rd motion for time extension by my ex husband who continuously files Appeals Notices (cases) when he doesn't get his way by trial court judge. There are 2 pending sanctions for bad faith filings with the trial court. After the trial judge ruling he files an appeal; he's pro se.
He's only filed 3 apeeal cases with docketing statements thus far. He keeps filing Motions for time extensions for the appeal on record part EVERY 14 days per case. He requests time extension for 14 days; when 14 days pass he files another round motions for 14 day time extensions. Each Motion for time extension has reason basis as he's broke and needs more time for the appeal on record portion for ALL 3 cases; files separate motions now 3rd time around per case. He's been filing frivilous filings at trial court level with sanctions granted to me.
Is there any injunctions or ways to get him to stop this harassment at the appeals level? At what point does the appeals division take notice of continual time extention filing for money reasons and just stop him. This is nonsense.
My experience has been that the appellate courts in Illinois do not like to impose sanctions and are generally not happy to see motions for sanctions presented. You may file a motion for sanctions if you think you have a solid basis to do so both in the law and on the facts. The filing for a motion for extension every fourteen days does not suggest impropriety so much as it does ignorance. An experienced appellate attorney would have asked for fewer and longer extensions It usually takes the court more than fourteen days even to rule on a motion, so if he asks for short extensions he will never catch up. If you do request sanctions the court will expect to hear from you in what way these motions are doing you any harm. What will your answer be? That you do not like to receive them? Why is that grounds for any kind of sanction and where is the impropriety in what he is doing?
Put yourself in the position of an appellate judge and ask yourself whether you would like to see motions for sanctions coming across your desk in this case.
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