D'Aston v. D'Aston
In D'Aston v. D'Aston, 790 P.2d 590 (Utah Ct. App. 1990), the first Utah case to address the issue, the appellant challenged a divorce decree entered by the trial court. Id. at 591.
The court of appeals determined that it could dismiss the appeal because the appellant had failed to pay the amount due her former husband, had failed to post an ordered supersedeas bond, and had been adjudged in contempt by the trial court after "purposefully hiding herself from the jurisdiction of the court and from service." Id. at 592-93.
In examining the procedures for dismissal followed by other jurisdictions, the court of appeals noted that there are at least three ways that an appellate court can deal with a contumacious party:
(1) the court can dismiss the appeal without allowing the party an opportunity to bring itself into compliance with the trial court's order;
(2) the court can allow the party a fixed time to comply with the trial court's order before dismissing the appeal; or;
(3) the court may, in its discretion, fashion a remedy that is appropriate to the facts and circumstances of the particular case. Id. at 593-94.