Custody Appeal Extension Guide

**** is involved in a complex legal battle over custody and parental alienation. She is seeking an extension to file an appeal due to attorney misconduct and procedural challenges. Despite diligently pursuing justice for her child, Keagan, **** has faced significant setbacks, including her former attorney’s failure to provide necessary documents, lack of communication, and filing errors. **** is committed to presenting her case and ensuring a fair resolution for her child’s best interests. She is located in Boise, Idaho, United States.

Grievances and Complaints: ISB File No. *-216C: Copies of grievances filed with the Idaho State Bar regarding Mr. Damir Delic’s misconduct. These documents show that **** took steps to address the attorney’s misconduct promptly. Email Exchanges: Exhibit A: Email from Melody stating difficulty downloading evidence from Google Drive for trial. Exhibit B: Email from Melody promising to send trial binder exhibits, which were not sent. Exhibit C: Email from Melody promising to upload all case files within two business days. Exhibit D: Email from Melody requesting confirmation of submitted full text records, which were not followed through. Exhibit E: Email requesting to see written closing arguments, which were never sent prior to court submission. Exhibit M: Email from Damir Delic stating refusal to turn over case file until balance is paid off. Exhibit N: Email from **** requesting case file, with no response from Mr. Delic. Exhibit O: Email from **** requesting records, with no response from Mr. Delic’s office. Exhibit P: Email from **** requesting records, with no response from Mr. Delic’s office. Procedural Evidence: Exhibit Y: Original Rejected Motion with Clerk Instructions. This exhibit provides the rejected motion and detailed instructions from the clerk on how to correct the filing, supporting the explanation of the filing error. Exhibit Z: Order denying appeal due to not filing permission with the lower courts first, highlighting procedural challenges and clerical errors. Affidavit of Facts: A sworn affidavit detailing ****’s experiences, her attempts to communicate with her attorney, the procedural challenges encountered, and the steps she took to rectify the situation. This sworn testimony adds weight to her claims of excusable neglect.

Here are some additional important details about ****’s case: Timeline of Events: June *, *: Judgment issued. July *, *: **** initially filed a motion for appeal with the Idaho Supreme Court instead of the District Court. The clerk instructed her to correct the filing. July *, *: **** promptly corrected the filing, and the corrected motion was accepted. August *, *: **** filed permission to appeal with the Supreme Court as the lower court had not ruled within the *-day timeframe per I.A.R. *.*©(*). August *, *: **** received an order denying her appeal from the Supreme Court of Idaho. Attorney Misconduct: ****’s former attorney, Mr. Damir Delic, failed to provide necessary documents, lacked communication, and refused to turn over case files. This misconduct significantly contributed to the procedural challenges and delays. Procedural Challenges: The initial filing error occurred when the motion for appeal was incorrectly filed with the Idaho Supreme Court instead of the District Court. This error was promptly corrected based on the clerk’s instructions. Despite the correction, the Supreme Court of Idaho denied the appeal because the motion was not properly before the Court, as it should have been filed with the Magistrate Court first. Efforts to Rectify the Situation: **** filed grievances with the Idaho State Bar regarding Mr. Delic’s misconduct. She made multiple attempts to retrieve her case files and sought legal guidance to address the procedural challenges and attorney misconduct. **** followed up with the court to ensure proper submission of filings and took corrective actions promptly once errors were identified. Impact on the Case: The delay in filing the appeal has affected fair access to justice and the best interests of ****’s child, Keagan. The current custody arrangement, influenced by procedural errors and attorney misconduct, does not adequately address Keagan’s needs and well-being. Legal Standards and Precedents: Relevant case law and legal precedents, such as Pioneer Inv. Servs. v. Brunswick Assocs. Ltd. P’ship, Maples v. Thomas, and Bateman v. U.S. Postal Service, support the argument for excusable neglect due to attorney misconduct and procedural challenges. By considering these additional details, **** can further strengthen her case for requesting an extension to file the appeal due to excusable neglect and attorney misconduct.

Yes

Yes! Both. I’m pro se due to my attorneys failure to provide reasonable representation. Once I realized something was wrong during trial, due to attorney exhibits not making sense on things he never argued. His paralegal promised to send me trial exhibits to prepare but never did. Just days after trial I made several requests for trial exhibits, and clarification on if specific evidence was submitted. His paralegal gave the run around. She left the company on May *, *. The receptionist who I’ve never worked with except related to bills, was my new contact. I made several requests for case file to prepare for worse case scenarios in the event I have to file an appeal, which I already made clear to the attorney. Each time she sent a drive link, it looked similar to pre-trial saved evidence that was not organized. The few the exhibit totals did not match up to the number of bates on exhibit tables. As I start to realize the lack of evidence I submitted and the last minute exhibits using (opposing counsels exhibits) I knew this would not be a favorable outcome. I continued to make requests for records. The judgement was issued on June *, *, and the results were worse than favorable. The judge reduced my */* to every other Friday at 5pm-Sunday at 5pm and took my rights to legal decision making related to education and counseling. This outcome was unjust. Attorneys receptionist finally sent me opposing parties, trial exhibit, binders, and upon investigating their evidence **** quickly realized that communication records were altered even the body of text messages. Realizing her attorney submitted these altered messages as her evidence, she realized the misconduct and prejudiced caused by her attorney. She filed a formal grievance with Idaho State Bar for attorney misconduct. Katherine, from Idaho State Bar informed her that bar council member attempted to call her attorney and email the attorney however they have not received any response. On July *, * just three days before the deadline to file the appeal was reached, noting that it was the Monday after filing the grievance that her attorney submitted a motion to withdraw from her case. He also threatened client that he is withholding the case file until she makes full payment to their office.

Elements: *. Existence of Extraordinary Circumstances *. Establish link between extraordinary circumstances and missed deadlines for filing appeal. *. Timeliness of the request: even with the miss deadline, **** is acting promptly. Once circumstances have been resolved (denial on */*/*) *. Good faith effort: demonstrate good faith effort to comply with the original deadline (show attempts to file on) *. No prejudice to other party: show that granting extension will not undo prejudice, other party meaning it will not significantly harm their ability to respond or affect the fairness of proceedings *. Evidence: there is extensive documented evidence via email communication with attorney, Idaho State Bar, and clerical mistake, as well as good faith efforts by ****. Communication records with Attorney and staff, Idaho State Bar, and the court clerk: EXHIBIT A * Date: April *, * * Description: Email from Melody stating difficulty downloading evidence from Google Drive for trial. * Significance: Demonstrates lack of preparedness and technical issues hindering proper presentation of evidence. EXHIBIT B * Date: April *, * * Description: Email from Melody promising to send trial binder exhibits, which were not sent. * Significance: Highlights failure to provide essential trial materials, impacting case preparation and presentation. EXHIBIT C * Date: April *, * * Description: Email from Melody promising to upload all case files within two business days. * Significance: Shows continued delays and unfulfilled promises, compromising trial preparation. EXHIBIT D * Date: April *, * * Description: Email from Melody requesting confirmation of submitted full text records, which were not followed through. * Significance: Underscores failure to submit crucial evidence, affecting the case. EXHIBIT E * Date: April *, * * Description: Email requesting to see written closing arguments, which were never sent prior to court submission. * Significance: Illustrates lack of communication and transparency, preventing review and approval of critical documents. EXHIBIT F * Date: May *, * * Description: Email from Melody informing that she is leaving the firm. * Significance: Indicates sudden change in legal team, leaving appellant without adequate support. EXHIBIT G * Date: June *, * * Description: Email from Molly sending final judgment and findings of fact. * Significance: Marks official communication of court’s final judgment, needed for appeal preparation. EXHIBIT H * Date: June *, * * Description: Email from **** expressing concerns with facts and findings, requesting case file and exhibits. * Significance: Highlights lack of responsiveness and support, causing delays and hindering timely appeal filing. EXHIBIT I * Date: June *-*, * * Description: Email exchanges with Molly requesting exhibits, which were eventually sent but incomplete. * Significance: Demonstrates ongoing failure to provide necessary documents, impacting appeal preparation. EXHIBIT J * Date: July *, * * Description: Email from Molly acknowledging failure to submit key evidence and providing incomplete files. * Significance: Underscores lack of preparedness and ineffective representation by the legal team. EXHIBIT K * Date: July *, * * Description: First response from attorney Damir Delic during email exchanges. * Significance: Shows attorney’s lack of engagement and delayed response, contributing to difficulties in appeal preparation. EXHIBIT L * Date: August *, * * Description: Email from Molly with a new bill, charging for case file preparation and withdrawal. * Significance: Highlights unreasonable billing practices and failure to fulfill professional obligations. EXHIBIT M * Date: July *, * * Description: Email from Damir Delic stating refusal to turn over case file until balance is paid off. * Significance: Illustrates refusal to provide necessary documents, hindering timely appeal filing. EXHIBIT N * Date: July *, * * Description: Email from **** requesting case file, with no response from Mr. Delic. * Significance: Demonstrates lack of communication and support for appeal efforts. EXHIBIT O * Date: July *, * * Description: Email from **** requesting records, with no response from Mr. Delic’s office. * Significance: Further highlights ongoing lack of responsiveness and support. EXHIBIT P * Date: August *, * * Description: Email from **** requesting records, with no response from Mr. Delic’s office. * Significance: Underscores persistent lack of communication and failure to provide necessary documents. EXHIBIT Q * Date: July *, * * Description: Online submission with Idaho State Bar and email advising on grievance process. * Significance: Shows efforts to seek redress through Idaho State Bar for attorney’s misconduct. EXHIBIT R * Date: July *, * * Description: Grievance form and evidence submitted to Katherine. * Significance: Provides documented evidence of formal grievance against attorney. EXHIBIT S * Date: July *, * * Description: Acknowledgment of grievance filing from Idaho State Bar. * Significance: Confirms receipt and acknowledgment of grievance by Idaho State Bar. EXHIBIT T * Date: July *, * * Description: Email from Katherine about Joseph N. Pirtle’s attempts to contact Mr. Delic. * Significance: Demonstrates Idaho State Bar’s attempts to address grievance and attorney’s lack of response. EXHIBIT U * Date: July *, * * Description: Email to Katherine updating the Idaho State Bar on further attempts made in obtaining case file. * Significance: Highlights ongoing efforts to obtain necessary documents and the attorney’s continued lack of response. EXHIBIT V * Date: July *, * * Description: Motion to withdraw filed by Mr. Delic. * Significance: Shows attorney’s attempt to withdraw from case following grievance, complicating appellant’s situation. EXHIBIT W * Date: July *, * * Description: Instructions from State Bar directing **** to email Mr. Delic for missing documents. * Significance: Demonstrates compliance with State Bar’s instructions and continued efforts to obtain necessary documents. EXHIBIT X * Date: August *, * * Description: Update to State Bar about charges for case file and withdrawal without turning over case file. * Significance: Highlights unreasonable billing practices and failure to provide case file despite charges. EXHIBIT Y * Date: July *, * * Description: **** initially filed a motion for appeal with the wrong court. The clerk instructed her to copy the envelope and fix the motion to the correct court (magistrate to district). **** immediately corrected this and resubmitted. The corrected motion was accepted on July *, *. ****’s understanding was that the correction was made and filed with the right court, based on the clerk’s instructions. On July *, *, **** filed an amended motion once additional things came to light, despite attorney misconduct. On August *, *, **** motioned the Supreme Court for permission to appeal due to the lower court failing to rule within the *-day timeline per IAR *.*©(*). * Significance: Shows diligent efforts to comply with procedural requirements despite initial clerical errors and attorney misconduct. EXHIBIT Z * Date: August *, * * Description: **** received an order denying appeal due to not filing permission with the lower courts first. **** immediately called the district court, who informed her there was no filing with them on appeal. She called the Supreme Court and was told they could not see the details for July 5th but that she filed incorrectly with the Supreme Court on July 8th, causing the appeal denial. * Significance: Highlights procedural challenges and clerical errors that contributed to the denial of the appeal.