This is a family law action where the parties separated after seven years of marriage. Following the separation, the wife commenced an action for unequal division of family net property. The wife obtained two court orders mandating the husband to produce financial disclosures. However, the husband failed to comply with these orders, leading the wife to file a motion seeking a contempt order for her husband’s non-compliance with court orders. The contempt order was granted, and the wife was awarded full indemnity costs amounting to $94,439.75.
Subsequently, the husband served multiple notices of appeal of the contempt order. The wife successfully quashed the notice of appeals. In each, the court determined that the husband was out of time to appeal the contempt order, deeming his non-compliance and delays to date as procedurally abusive. A final sentencing order was issued by the motion judge, striking the husband’s pleadings and allowing the wife to proceed to an uncontested trial. The current situation involves the husband is seeking an extension of time under r. 3.02(1) of the Rules of Civil Procedure to file and serve the notice of appeal of the contempt order. The motion judge denied the motion on the grounds that it is out of time and granting the motion would be an abuse of process.