Summary
The Rhode Island Supreme Court affirmed dismissal of Margaret Stepp's appeal in a divorce action because she failed to timely order and transmit the hearing transcript as required by the appellate rules. The court held that the plaintiff's counsel's office error did not constitute excusable neglect and remanded the matter to the Family Court for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the Family Court properly dismissed Stepp's appeal for failure to timely perfect it under the Rhode Island Supreme Court Rules of Appellate Procedure.
- Whether counsel's claim that the transcript delay resulted from an office error established excusable neglect.
Holdings
- The Family Court properly dismissed the appeal because Stepp failed to timely perfect it by ordering and filing the transcript as required by the Rhode Island Supreme Court Rules of Appellate Procedure.
- An attorney's explanation that the transcript was not timely ordered because of an office error did not establish excusable neglect under Rule 11(c).
Key quotations
“Within twenty (20) days after filing the notice of appeal the appellant shall order from the reporter a transcript of such parts of the proceedings not already on file as the appellant deems necessary for inclusion in the record.” (725)
“The record on appeal, including the transcript necessary for the determination of the appeal, shall be transmitted to the Supreme Court within sixty (60) days after the filing of the notice of appeal unless the time is shortened or extended by an order[.]” (725)
“It is the appellant's duty "to ensure that the record is complete and ready for transmission."” (725)
“Further, failing to perfect an appeal under Rule 11, by transmitting the record within sixty days of filing the notice of appeal, "leaves [a would-be appellant] in the same position as not having filed notice at all."” (725)
Factual background
A contested divorce trial occurred in June 1992, but final judgment was not entered until the Family Court directed entry of judgment nunc pro tunc in December 2004. Margaret Stepp filed a notice of appeal on January 28, 2005, but did not order the hearing transcript until May 19, 2005, nearly four months later. Her counsel attributed the delay to an office-staff error, which the Family Court found did not constitute excusable neglect.
Procedural history
Margaret Stepp filed a divorce complaint in 1991, and a contested trial was held in 1992, but final judgment was not entered. In 2004, the Family Court directed entry of final judgment nunc pro tunc and denied Stepp's motion to dismiss the divorce complaint. After Stepp filed a notice of appeal in January 2005, she failed to order the transcript within the required period. The Family Court dismissed the appeal, and the Rhode Island Supreme Court affirmed and remanded for further proceedings.
Remand instructions
The case was remanded to the Family Court for further proceedings.