Key Issue:

• The appellant, Lynne Catherine Foulidis, sought an extension of time to perfect her appeal.
• The respondent opposed, arguing the appeal lacked merit.

Background:

• The respondent, Jodi L. Feldman Professional Corporation, represented Foulidis in a complex divorce case.
• Foulidis failed to pay approximately $665,000 in legal fees.
• She counterclaimed for negligence but later discontinued her claim with costs.
• A six-day trial awarded the respondent $481,000 in unpaid fees and over $240,000 in costs.
• Foulidis argued that her fees were tied to her equalization payment and that her ex-husband was responsible for 80% of the amount.
• The trial judge rejected this, finding a written retainer agreement existed based on independent witness testimony.

Legal Principles:

• An extension of time requires: (1) continuing intention to appeal, (2) explanation for delay, (3) prejudice to the respondent, and (4) merit of the appeal.
• Lack of merit alone can justify denial.

Decision:

• Foulidis met the first three criteria, but her appeal had no reasonable chance of success.
• The alleged legal errors were unfounded, and the trial judge’s factual findings were supported by independent evidence.
• Motion dismissed with costs of $14,900 awarded to the respondent.

Outcome:

• Extension of time denied due to lack of merit.