The moving party, a self-represented father, sought an extension of time to file a notice of appeal from a motion judge's order that refused to rescind his accumulated child support arrears.
The father had initially appealed to the Divisional Court, which quashed the appeal for lack of jurisdiction.
The Court of Appeal dismissed the motion for an extension of time, finding that the father failed to provide a reasonable explanation for the delay, that the proposed appeal lacked merit as there was no palpable and overriding error in the motion judge's finding of deliberate underemployment, and that granting the extension would cause undue prejudice to the responding mother, particularly given the father's history of unpaid costs awards.
