Today is November 19, 2012. The appeal of my dissolution of marriage is underway. The lower tribunal transmitted the record on appeal on November 6, 2012. I had 10 days thereafter to submit my amended brief once the record was sent to the appellate court. I sent it by overnight mail on November 15, 2012. I sent a copy by email to Ogre's attorney, who I shall call "Asshat Rat" because he really looks like a rat. I also sent him a copy by certified mail.
Today, Asshat Rat filed a motion to dismiss my brief claiming that I had not served him with the following documents I filed with the court:
a. 11/06/12 Two Volumes
b. 11/06/12 One Volume (with CD rom)
c. 11/16/12 Amended Appellant's Initial Brief
d. 11/16/12 Appendix
e. 11/16/12 Response to Order to Show Cause
f. 11/16/12 Notice (of Service Transcripts)
I shall explain what each of these are.
a and b: These are the volumes of the record on appeal. They are transmitted to the appellate court, not by me, but by the clerk of the lower tribunal. They are everything filed in the lower court, including transcripts of hearings. I've read and read the FL Rules of Appellate Procedure. I don't see anything in there that requires me to serve Asshat Rat with a copy of the record on appeal.
c and d: This is my Amended Brief and the Appendix to it (the Appendix contains the Temporary Injunction for Protection Against Domestic Violence only).
e. This is a response to the Appellate Court's order. The Court Reporter sent the court an acknowledgement stating that I had not made financial arrangements with them. This was a lie. The Appellate Court ordered me to show cause as to why they should not dismiss my appeal. I filed a response showing that I had paid the Court Reporter. I hope it was enough. The Court Reporter wouldn't cooperate and amend their acknowledgement. Of course not. Please note, this is Asshat Rat's Court Reporter.
f. In an earlier motion, Asshat Rat claimed I had not served him with transcripts. I had, but when my brief was stricken and my appendix, I wasn't sure if that meant I had to serve him again, so I did so.
c, d, e and f were all sent to Asshat Rat by email and by certified mail on Thursday, November 15. It was about 9:30 p.m. that I put them in the mailbox. This is a link to the USPS.com tracking site showing they were delivered today. https://tools.usps.com/go/TrackConfirmAction.action This is the tracking number: 7005 0390 0002 5027 8918
Now, I have to write a response to this motion. I'm so afraid the Appellate Court will just dismiss my appeal.
The state of Maryland has now filed a petition to become an Amicus Curiae and file and Amicus Brief. This is Latin for "friend of the court". I hope this will make the Appellate Court think twice before just dismissing my appeal, but who knows.
UPDATE: On December 20, 2011, the Appellate Court denied his motion. My first small victory in court in almost 2 years. Something FINALLY went my way. Is there really justice?
Unfortunately, they also struck Maryland's motion because the lawyer was apparently not eligible to practice law in Florida (although licensed there). Maryland has filed another motion, but I'm not sure it will be successful as it may be deemed untimely.
Unfortunately, they also struck Maryland's motion because the lawyer was apparently not eligible to practice law in Florida (although licensed there). Maryland has filed another motion, but I'm not sure it will be successful as it may be deemed untimely.
