Opposition to AngryMom’s Motion to dismissUnfortunately I only mailed one copy to the court, and the rules require four copies. I am mailing three more copies today.
AngryMom argues that the Feb. 2009 “statement of decision” was just a tentative decision. The court did not say that it was a tentative decision.
I was just trying to follow Rule 8.104 and Rule 8.108. Those rules say that a motion to reconsider extends the filing deadline for a notice of appeal, but delays can still cause the motion to be heard after the deadline.
Neff v Ernst (1957) 48 C.2d 628 said that it is not inconsistent or improper to simultaneously file a notice of appeal and a motion for a new trial.
AngryMom also argues that she is disadvantaged because the record is not complete. The motion for reconsideration was delayed for reasons outside my control, but that motion is scheduled to be heard on July 30th. Even under AngryMom’s reasoning, the case is likely to be final by the time you process this motion.
One problem here is that only final decisions are appealable, and the family court never says whether or not a decision is final. Another problem is that my appeal rights can expire while the lower court is sitting on the case.