Kayla Votolato v. Geoffrey Kiff , 179 A.3d 148 ( 2018 )

Supreme Court
No. 2017-230-Appeal.
(K14-58M)
Kayla Votolato :
v. :
Geoffrey Kiff. :
ORDER
The defendant, Geoffrey Kiff, who is self-represented, appeals from a Family Court order
that denied his motions for contempt and to modify a visitation order for his son. This case was
referred to the full Court sitting in conference for possible disposition without further briefing or
argument, in accordance with Article I, Rule 12A(7)(b) of the Supreme Court Rules of Appellate
Procedure. After reviewing the record, we conclude that the defendant’s appeal is fatally
defective in that it was not filed in a timely manner. The order the defendant appealed from was
entered on April 6, 2017. The defendant’s notice of appeal was filed on May 2, 2017, beyond
the twenty-day time period.
Article I, Rule 4(a) of the Supreme Court Rules of Appellate Procedure, requires that, in a
civil case, the notice of appeal shall be filed within twenty days of the date of the entry of the
judgment, order, or decree appealed from. This Court has ruled that “the time specified in Rule
4(a) is mandatory, and that once the prescribed time has passed there can be no review by way of
appeal.” Wachovia Bank v. Hershberger, 911 A.2d 278, 279-80 (R.I. 2006) (mem.)
(quoting Craveiro v. Craveiro, 773 A.2d 896, 899 (R.I. 2001)). “Our appellate jurisdiction may
not properly be invoked when an appeal is filed more than twenty days subsequent to the entry of
the judgment of which review is being sought.” Id. at 280 (quoting Title Investment Co. of
America v. Fowler, 504 A.2d 1010, 1011-12 (R.I. 1986)). “As a jurisdictional requirement, it
cannot be waived.” Id.Accordingly, the defendant’s appeal is denied and dismissed, the order appealed from is
affirmed, and the papers in the case are remanded to the Family Court.
Entered as an order of this Court on this 6th day of March, 2018.
By Order,
/s/
Clerk
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPREME COURT – CLERK’S OFFICE
ORDER COVER SHEET
Title of Case Kayla Votolato v. Geoffrey Kiff.
No. 2017-230-Appeal.
Case Number
(K 14-58M)
March 6, 2018
Date Order Filed
Suttell, C.J., Goldberg, Flaherty, Robinson, and
Justices Indeglia, JJ.
Kent County Family Court
Source of Appeal
Associate Justice Stephen J. Capineri
Judicial Officer From Lower Court
For Plaintiff:
Paul J. Ferns, Esq.
Attorney(s) on Appeal
For Defendant:
Geoffrey Kiff, Pro Se
SU-CMS-02B (revised November 2016)