Thursday, July 18, 2019

Appellate sanctions imposed

4/3 drops some sanctions on appellant's counsel in this anti-SLAPP appeal here:

Image result for k.o.knock out
  • After oral argument this court advised counsel and the Fites it was considering imposing sanctions on the grounds this appeal is frivolous, included numerous misrepresentation to this court, and was taken and maintained solely for the purpose of causing delay. After this court provided notice of the possibility of sanctions, it held a hearing.


  • At oral argument, this court indicated that based on a review of the facts and the applicable law it was inclined to conclude this appeal was frivolous. It then asked counsel to explain why he believed this appeal had merit. The responses were less than availing.
  • Any reasonable attorney would agree the appeal is totally and completely without merit. Accordingly, we find the appeal to be frivolous and thus for purposes of delay. Therefore, we impose sanctions in the amount of $500 payable to the court for the inconvenience to the court in hearing a frivolous appeal, the expenditure of court resources in processing the appeal, and negatively impacting the administration of justice.
    • We also caution counsel that when citing the record counsel must accurately and fairly summarize the facts. ... We caution appellate counsel not to overstate or misrepresent the record under the cloak of effective advocacy because it, at the very least, violates court rules.
    Also from 4/3 today, is this unpub here that begins with a nice quip: "Every appeal centers on the claim that someone erred. This is the rare case in which we are forced to conclude that everyone did."