Family Law: Affirmance Of Fee Awards Offers Some Sound Reminders On Appellate Practice

Sixth District Especially Stresses Rules Relating to Appellate Appendices.

     Marriage of Thesing, Case No. H034272 (6th Dist. Feb. 22, 2010) (unpublished) was an appellate decision affirming family law fee awards of $90,000 in favor of wife. Many of the grounds sustaining the fee awards have been reviewed before—failure to timely appeal, failure to specify the order being appealed, or failure to provide a full reporter’s transcript of oral hearings in order to demonstrate an abuse of discretion.

     Nothing new—hardly!

     The Sixth District presented a virtual dissertation on what appellate attorneys or litigants must remember to do in order to present an adequate appendix on appeal (rather than a clerk’s transcript). Here are the reminders from this decision:

  • Include a copy of the register of actions (CRC rules 8.124(b)(1)(A); 8.122(b)(1)(F));
  • Arrange the contents of the appendix in chronological order and include both chronological and alphabetical indices at the front of the appendix (CRC, rules 8.124(d)(1), 8.144(a)(1)(C), 8.144(b));
  • Include only accurate copies of documents filed in the superior court (CRC, rule 8.124(g));
  • Do not include documents unnecessary for proper consideration of issues raised on appeal, such as documents filed after the order being appealed from in the case (CRC, rule 8.124(b)(2)); and
  • Include necessary documents, such as the appealable order, notices of entry of the appealable order, and any notices of reconsideration motions (CRC, rules 8.122(b)(1)(C), 8.124(b)(1)(A), 8.122(b)(1)(D), 8.124(b)(1)(A)).

     Although not imposing sanctions for these deficiencies in the particular cause before it, the Court did say this: “[W]e impress upon the parties and their counsel the importance of proper record preparation and admonish them to familiarize themselves with the rules governing record preparation prior to any future appeals.” (Slip Opn., p. 16.) This admonition should serve as warning for all of our readers who practice in front of California’s appellate courts! Beware!

“Sailors Beware.”  Fine Arts Building, San Diego.  May 1941.  Lee Russell, photographer.  Library of Congress.

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