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Rahman v. Dalkon Shield Claimants Trust

Since plaintiff did not pay her appeal costs or file an affidavit of indigency, the state court properly dismissed her appeal on the ground that the delay in transmitting the record was unreasonable and inexcusable.

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Our Supreme Court transferred appellant-plaintiff Rasheeda H. Rahman’s appeal of the state court’s dismissal of the underlying products liability action for our consideration, as involving legal, rather than equitable issues.1 Plaintiff filed her complaint therein on January 28, 1997, alleging that she suffered injuries as a result of defects in a Dalkon Shield intrauterine device “IUD” placed in her uterus in 1972. The IUD was made by the A. H. Robbins Company, Inc., predecessor-in-interest to appellee-defendant Dalkon Shield Claimants Trust “Trust”. On June 9, 1998, the state court granted summary judgment to the Trust, concluding that plaintiff’s claims were barred by the applicable statute of limitation and the doctrine of laches. Plaintiff appealed the state court’s orders granting the Trust’s motion for summary judgment2 and denying plaintiff’s motion for reconsideration3 on July 8, 1998 the “July 1998 appeal”. The state court dismissed the July 1998 appeal on December 22, 1998 for plaintiff’s failure to timely pay appeal costs or submit an affidavit of indigency. Plaintiff appealed the state court’s order dismissing the July 1998 appeal to our Supreme Court on January 19, 1999. Concluding that plaintiff’s appeal of the order dismissing the July 1998 appeal involved legal, rather than equitable issues, the Supreme Court thereafter transferred such appeal to this Court for consideration. Held:

1. Plaintiff contends the state court erred in dismissing her July 1998 appeal.

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