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If you are asking that the appeal be dismissed simply because it has been delayed, you will probably not be successful. Appeals are notoriously lengthy and this is not a basis for dismissing the appeal (unless of course some deadlines are missed.)
The civil procedure rules on appeal are listed in this link. They are near the bottom, on the 5th line after Title 49. They are lengthy but those are all the rules for following the proper procedures for filing documents and setting hearings in appellate court in Arizona...
When you say "they need to know the ruling" are you saying that the appellate court has not received a copy of the court order that is being appealed?
Do you know on what legal basis you want to argue for dismissal of the appeal?
Let me know if that link works...
when I clicked on it, it did not so if there's a problem, I'll find another way to send you the link.
If the link doesn't work, cut and paste - that worked for me.
No the court is not waiting for the ruling, the attorney (my ex) is waiting for the ruling in order to know if they will put it in their briefing. That is there reason to ask for the extensions.
Do I have a legal basis to argue for a dismissal?
So did the lower court actually make the ruling? I can't understand why your ex does not have it? An appeal cannot be filed before a ruling is made and once it is made, he should have no problem getting it.
Well, if he is basing an appeal on a ruling that has not yet been made, that would be a basis for dismissal.
Is that what is happening?
We just received the ruling last week but he is appealing several issues.
I see, so he may want to amend his appeal it seems. Was the ruling you received last week somehow connected to the other issues on appeal?
Or were they separate, distinct issues tried separately?
No it is regarding rental property. The other issues are support, custody
Were the trials on the two issues done at the same time?
Do you know why the rulings were done separately?
That is odd (not impossible, but very rare.)
and the judge did make a ruling on the property but he has been trying to fight it and has been denied.
He put in a motion for reconsideration and a motion for ARFLP 85 relief from mistake and/or fraud but has now just been denied.
Well, based on what you've told me so far, I do not see any legal basis to dismiss the appeal. If the part of the ruling just came out last week, and it is the same ruling, he would have a right to amend his appeal to address the new ruling....
The appellate judge did say the last extension that this will be the last extension
I don't have the money for an appeals attorney. Can I do this on my own?
Sorry for the delay - give me one moment...
It is possible to do it on your own, but obviously more difficult than if you had a lawyer. At least on appeal, you know that the burden is on the appealing party to submit the moving documents to the court in a timely manner - you only need to respond (and sometimes may not even need to do that.) I do urge you to read the rules I sent you, even though they are voluminous.
I do not know your financial situation but have you tried the legal aid agency that serves your area?
I know some agencies will not take appeals unless the other party initiated it, and then they might be willing.
I think you have to be dirt poor to qualify and I guess I'm not dirt poor just poor.
There may be bases to dismiss his appeal that could only be determined by reading his pleadings requesting the appeal.
thank you so much!!!
I do not know Arizona's guidelines, but the federal funding permits them to go up to 200% of the poverty level. If you haven't already tried, it's worth calling them!
I will do that. thank you
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yes I defiantly accept
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