This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves a dispute between a petitioner and a respondent over the recognition of a divorce obtained in Pakistan, the limitations on what the petitioner would be entitled to on the marriage certificate in Pakistan (MAHAR), and the awarding of interim attorney fees to the petitioner. The respondent, who represented himself, appealed against the district court's order on these matters.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Petitioner-Appellee: [Not applicable or not found]
- Respondent-Appellant: The respondent, a self-represented litigant, seeks to appeal the district court's order recognizing the divorce obtained in Pakistan, refusing to recognize the MAHAR, awarding interim attorney fees to the petitioner, and setting forth issues for the upcoming merits trial (para 1).
Legal Issues
- Whether the district court's order, which recognized the divorce obtained in Pakistan, refused to recognize the MAHAR, awarded interim attorney fees to the petitioner, and set forth issues for the upcoming merits trial, constitutes a final, appealable order.
Disposition
- The appeal by the respondent is dismissed for lack of a final, appealable order (para 5).
- The respondent's motion to supplement the record is denied (para 5).
Reasons
-
Per M. Monica Zamora, with Michael D. Bustamante and J. Miles Hanisee concurring, the Court of Appeals dismissed the appeal due to the lack of a final, appealable order. The court determined that the order from which the respondent sought to appeal was interim in nature, pending a merits hearing, and thus not final (para 2). The court also noted that the respondent filed post-judgment motions attacking the merits of a final order entered after the appeal was filed, which affected the finality of the order (para 2). The respondent's lack of knowledge of appellate rules and his financial concerns were acknowledged but were not deemed reasons to treat the order as final or to grant special privileges to the self-represented litigant (para 4). The court suggested that the respondent could seek free process if concerned about the affordability of pursuing an appeal (para 4).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.