Can you appeal an order of summary judgment when representing yourself?

Many clients choose to represent themselves in family law matters, but this can cause procedural missteps and issues. North Carolina courts strictly require that the parties adhere to deadlines for filing motions. Failure to meet these deadlines could result in a court ruling against a party by summary judgment, meaning a determination is made by the court before the trial even begins.

But if you are representing yourself and you miss a deadline, can you appeal that summary judgment ruling?

Lanier v. Venters

The Lanier case involves a pro se defendant who appealed a summary judgment by the trial court due to the defendant failing to answer the plaintiff’s initial interrogatories. Most recently, the appeals court remanded this appeal to the trial court to rule on the defendant’s initial request to amend those late answers.

Background

In this case, the plaintiff was suing his ex-wife’s current partner for alienation of affection and criminal conversation. The defendant, who was representing himself initially, had responded to the defendant’s initial requests for discovery after the initial deadline. The plaintiff made a motion for summary judgment as a result of this late response, based on the facts he had initially presented.

The court initially expressed reluctance to grant summary judgment because the plaintiff did not have legal representation and because he eventually did attempt to amend his answers to the requests. However, the plaintiff then presented evidence that the defendant had transferred real property to his parents and to his partner (the plaintiff’s ex-wife) in an attempt to shield it from being recovered in this suit. Because of this, the court granted summary judgment and awarded $1,000,000 to the plaintiff.

Appeal by the defendant

One month after the judgment was awarded, the defendant filed a pro se writing that was titled “Notice of Appeal” with the court. But the plaintiff was, at that time, filing a new complaint against the ex-wife and defendant’s parents based on the property transfer.

As a result, the defendant, now represented by counsel, appealed the summary judgment decision and attempted to amend the answers to the initial interrogatories. However, both the trial court and appellate court rejected having jurisdiction over the matter because that “Notice of Appeal” did not meet the requirements to be considered an appeal. Eventually, the appellate court determined that the trial court had jurisdiction and ordered the court to rule on the plaintiff’s request to amend his answers.

If you are involved in a contentious or complex family law matter, it is advisable to contact an experienced family law attorney to be sure that your case plan follows the rules of court procedure.