Divorcee's Appeal Tossed due to 'Excessive' Issues

The Superior Court of Pennsylvania tossed out a woman's appeal of her divorce case last week after finding she had violated civil procedural rules by flooding the court with an "excessive" number of appellate issues in statements that were "lengthy and unmanageable."

In its opinion rejecting Carol A. Jones' appeal, the state appeals court panel didn't address the merits of Jones v. Jones because it found her procedural violations had effectively waived all the appellate issues she asked the court to review.

The court found Jones' "actions in this appeal to be frivolous," Judge Correale F. Stevens wrote for the panel. Her misconduct breached her duty of good faith and fair dealing with the court and effectively undermined the Rules of Appellate Procedure, Stevens explained.

"It is apparent to us that this appeal is nothing more than another attempt to delay the resolution of this matter," he wrote.

The panel remanded the case to the trial court to determine attorney fees to be awarded to Harold W. Jones and paid by Mrs. Jones. Counsel of record for Mrs. Jones, Judy L. Ziegler Knee in Morton, Pa., could not be reached for comment.

Details here from The Legal Intelligencer via Law.com. (via How Appealing)