What happens if you file an notice of appeal when there's a bankruptcy stay in place? This is what happens: it's "null and void"; appeal dismissed. Oh, and then you didn't timely appeal after the stay was lifted. Ouch.Also of possible use, see pages 9-10 in this 3d DCA pub'd opinion here, where the court makes clear that failing to cite seminal cases against one's position is a violation of counsel's ethical duty to the court, quoting as follows:
“Attorneys are officers of the court and have an ethical obligation to advise the court of legal authority that is directly contrary to a claim being pressed. [Citation.] Rule 5-200 of the Rules of Professional Conduct addresses the issue and provides that, ‘[i]n presenting a matter to a tribunal, a member: [¶] (A) Shall employ . . . such means only as are consistent with truth; [and] [¶] (B) Shall not seek to mislead the judge . . . by an artifice or false statement of fact or law . . . .’ ” (In re Reno (2012) 55 Cal.4th 428, 510.)
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