[Download] "Jamie L. Mcnett v. Ethel M. Mcnett" by Supreme Court of Idaho No. 10873 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Jamie L. Mcnett v. Ethel M. Mcnett
- Author : Supreme Court of Idaho No. 10873
- Release Date : January 10, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal from a judgment entered in a divorce action brought by respondent Jamie L. McNett against appellant Ethel M. McNett, and from an order denying the appellant's request for attorney's fees on appeal. The trial court awarded a divorce to both parties; made a Disposition of community property; granted custody of their minor daughter to the appellant-wife; ordered the respondent-husband to pay child support in the amount of $125 monthly, in addition to life insurance premiums and medical, dental, and optical expenses; awarded appellant-wife $75 a month temporary alimony (for a period not to exceed one year) while she was completing a secretarial course; ordered the respondent-husband to pay for the appellant-wife's costs on appeal, within a reasonable time after notice of the amounts thereof had been received; and deferred to this Court the appellant-wife's request for attorney's fees on appeal. The appellant objects to all of the actions taken by the trial court, except for the decision granting her custody of the minor child. In his brief, the respondent contends that this appeal should be dismissed because the appellant (1) failed to file the praecipe or the order for the reporter's transcript within five days of the filing of the notice of appeal, and also (2) failed to serve her brief within thirty days after the filing of the record on appeal. Dismissal for noncompliance with the rules of appellate procedure is discretionary with this Court and in the absence of prejudice will not be granted. Bistline v. Eberle, 88 Idaho 473, 401 P.2d 555 (1965). The respondent has not only failed to make a motion to dismiss the appeal, as required by Supreme Court Rule 33, but he has also failed to show that he was hampered in preparing his brief or in presenting his case by the appellant's failure to perfect her appeal on time; hence, respondent's request to dismiss the appeal is denied.