Attorney obtained a dismissal of an appeal in a case involving an issue of appellate procedure
Attorney obtained a dismissal of an appeal in a case involving an issue of appellate procedure in which the attorney was able to convince the Appellate Division on an Order to Show Cause because the proper representative was not in place to pursue the appeal. In the case, the plaintiff had suffered brain damage as a result of an automobile accident. In her divorce from her husband, our client had a guardian appointed for the purpose of the divorce proceedings. The attorney and the guardian advised the court regarding what the alimony and equitable distribution award should be. The husband's attorney agreed with the numbers. The divorce was put through, and alimony and equitable distribution was awarded. The plaintiff then filed an appeal against the lawyer who represented her in the divorce arguing that she did not get enough alimony and equitable distribution. During the appeal the plaintiff died from injuries sustained in the automobile accident. The issue then became who was entitled to bring the appeal. That is, the children (who were emancipated), a companion, the administrator or executor of the Estate, or none of the above? Plaintiff was unable to satisfy our Order to Show Cause, and the appeal was dismissed.