In re Marriage of Sisk

I cannot agree with the conclusion that the appeal in this case is untimely. The rationale offered for this result transcends the notion of elevating form over substance; it creates substance where none exists and is as untenable in theory as it is in practice.

At the outset, it cannot be overlooked that virtually every signif-

leant document and occurrence upon which the majority relies is not substantiated by the record on appeal. The majority candidly admits that the correspondence between counsel is not included in the record. Moreover, the arguments in the briefs concerning the substance…