Fourth District, Division 3 Finds He Violated Fundamental Tenet of Appellate Practice—Failure to Provide an Adequate Record.
Disgruntled husband was hit with a $1,500 adverse fee award assessed by a family law judge and made payable to wife’s attorney. Presumably, the award was made under Family Code section 271, which is a sanctions statute providing for imposition of fees were a litigant is uncooperative, has resisted trying to settle matters amicably, or driven up the costs of litigation.
The Fourth District, Division 3 affirmed in Marriage of Farmer, Case No. G041159 (4th Dist., Div. 3 Apr. 1, 2009) (unpublished), in a 3-0 opinion by Justice Moore.
Reason? Husband violated a fundamental principle of appellate practice and review. He failed to provide a reporter’s transcript and proceeded on a judgment roll that did not even indicate the basis for the award. Without providing a record that showed error, the appeal had to be decided against husband.
As appellate jurists have indicated in both opinions and commentaries, make sure you develop and present an adequate record for review. Otherwise, you—as appellant—may never get out of the racing gate, as Farmer demonstrates.
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