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Ex filed a motion to show cause for contempt but did NOT…

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Ex filed a motion to...
Ex filed a motion to show cause for contempt but did NOT have me formally served w/the Notice to Appear...
Paperwork I received clearly stated it must be personally served at least five business days prior to any scheduled hearing yet I still received an order to appear. I was out of town when ordered to appear so I requested the court stay the hearing or allow me to appear by phone, which they agreed to do.
I let the judge know I was NOT personally served the Order to Show Cause for a Finding of Contempt via my telephone appearance and additionally did so by fax prior to the hearing along with my request to stay the hearing. He looked into my claim and subsequently agreed I should have in fact been served.
Then almost as if he forgot what he just said, following his instructions to my ex about the necessity to formally serve the party being accused of being in contempt of court, he set another date for us to appear in person, and just 10 days later at that. There was no order to re-file and properly serve me or anything of the sort...
The newly scheduled appearance was today and I was wondering if the hearing today should have actually even been held, and/or is the Order for me to appear even valid based on the simple fact that the motion to "show cause for contempt" was not ever properly served?
Relative to the answer of the above, are the court's findings and/or final rulings today even technically legal, legit, and/or enforcable?
Finally, DO I, and/or CAN I, at a minimum, APPEAL the court's rulings, and/or at least the validity of the Order to Appear mailed to me, that was issued based on the (improper) filing of, and failure to formally serve me with, the Order to Show Cause for a Finding of Contempt??!
What options do I have here based on the above, if any, assuming of course I am in fact NOT happy with the court's findings at today's hearing??
Submitted: 1 year ago.Category: Legal
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1/20/2017
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,954
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, the judge corrected the service issue during the hearing. So the judge's ruling giving more time for the hearing date did give you the sufficient time now to prepare for the hearing. So the court cured the failure of service of process.
You cannot appeal interlocutory orders, only final orders, so the judge continuing the matter 10 days is not appealable. If he ruled against you on the contempt motion issues, then if that is a final ruling you can appeal that judgment if you are not happy about it, but not the service of process issue.
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