Wednesday, February 4, 2009

Divorce: Failure to Supply an Adequate Record = No Appellate Review.

Anderson v. Allred fka Anderson, 2009 UT App. 5, (Utah Court of Appeals, January 2, 2009).

Elizabeth Allred fka Anderson appealed the trial court’s award of custody and child support. However, Allred provided only her recollection of the trial court proceedings. She argued that under Utah Rules of Appellate Procedure, rule 11(g) allowed her to proceed on recollection because she could not afford to obtain a transcript of the trial. The Court outlined the proper process for proceeding under 11(g). The appellant must then serve the prepared statement of recollection on the opposing party. The other party is permitted to object to any offending portions. Such objections are settled by the trial court prior to appellate review. The Court found that Allred failed to proceed properly and that the Court was unable to rule on the case based on her unilateral statements.

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