Background
After the parties’ marriage was dissolved in 2019, a prior Colorado Court of Appeals decision vacated the permanent orders and remanded for a new hearing. Wife later moved to California with the parties’ younger child, while husband lived in Ohio with the older child.
Following a two-day permanent-orders hearing, the district court magistrate concluded that parental-responsibilities and child-support jurisdiction would transfer to California, or Ohio if California declined. The magistrate also found Colorado had jurisdiction over the dissolution, property division, and maintenance; found husband had implicitly waived maintenance by not requesting it before the hearing; and equally divided the marital estate, giving each party net equity of $135,667.
The Court’s Holding
The Colorado Court of Appeals dismissed husband’s appeal because his opening brief failed to comply with basic appellate briefing requirements. It lacked record citations, preservation statements, standards of review, and legally and factually developed arguments supporting his claimed grounds for reversal.
The court also held that husband’s self-represented status did not excuse those deficiencies. Further, because he did not provide a transcript of the two-day permanent-orders hearing, the court presumed the missing transcript supported the magistrate’s findings and the regularity of the proceedings.
Key Takeaways
- An appellant must provide record citations, preservation information, standards of review, and developed legal and factual arguments.
- Pro se litigants must comply with appellate procedural rules to the same extent as represented parties.
- Without necessary hearing transcripts, an appellate court presumes the omitted record supports the trial court’s rulings.
Why It Matters
The decision underscores that appellate rules are essential to meaningful review, not technical formalities. A party challenging family-law permanent orders must present a reviewable record and a properly developed appellate brief, or risk dismissal without consideration of the merits.