ANIL LALL v. MONISHA SHIVANI-LALL

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0

ANIL LALL,

Plaintiff-Respondent,

v.

MONISHA SHIVANI-LALL,

Defendant-Appellant.

________________________________

October 26, 2015

Submitted September 29, 2015 Decided

Before Judges Reisner and Whipple.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Hudson County, Docket No. FM-09-1722-09.

Monisha Shivani-Lall, appellant pro se.

Anil Lall, respondent pro se.

PER CURIAM

Defendant appeals from an August 16, 2013 order awarding counsel fees to plaintiff in this post-judgment matrimonial matter.1 We dismiss the appeal.

Plaintiff and defendant divorced in 2011, at which point plaintiff was awarded sole custody of the parties' only child. Plaintiff moved to North Carolina with the child in July 2013, after the court granted his application to relocate. Defendant filed numerous applications for emergent motions and orders to show cause in connection with that move.

On July 1 and 29, 2013, defendant filed orders to show cause for emergent relief, requesting, among other things, that the court grant her custody of the child, and that the court enter restraints and various sanctions against plaintiff.

Judge Maureen Sogluizzo reviewed the submissions of both parties and conducted a hearing on August 2, 2013. On August 16, 2013, Judge Sogluizzo entered the currently contested order, denying all relief requested in defendant's July 1, 2013 order to show cause and denying all relief requested in defendant's July 29, 2013 order to show cause. Judge Sogluizzo also ordered defendant to pay plaintiff attorney's fees totaling $11,855.26 incurred in connection with the preparation of plaintiff's opposition and cross-motion to the orders to show cause filed by the defendant on July 1, 2013, July 29, 2013, and the hearing on August 2, 2013.

On September 10, 2013, defendant filed a notice of appeal and civil case information statement. She did not file transcripts of the August 2, 2013 hearing. On November 21, 2013 we denied defendant's motion to proceed as indigent and for transcripts at public expense. Nonetheless, defendant still did not file the missing transcripts. On March 31, 2014, we denied plaintiff's motion to compel defendant to provide transcripts and to serve papers via certified mail. The appeal was not complete due to the absence of transcripts, warranting dismissal and other sanctions under Rule 2:9-9. However, we denied the motion without prejudice to review by the Merits Panel. Since then, defendant has not provided the missing transcripts and, in particular, she has not filed the transcript of the judge's statement of reasons for the fee award. Because this appeal only raises issues which require us to review the August 2, 2013 transcript that has not been provided, we dismiss pursuant to Rule 2:9-9.

Dismissed.

1 On September 10, 2013, defendant filed a notice of appeal and civil case information statement, appealing numerous prior orders, including the June 28, 2013 order; the August 16, 2013 order; the April 16, 2013 consent order; and the April 26, 2013 order. Defendant filed an amended notice of appeal on February 18, 2014, appealing only the award of counsel fees in the August 16, 2013 order.