Sunday, September 29, 2019

Frivolous motion sanctions

The 6th District hits appellant here with sua sponte sanctions for a frivolous motion:

  • "We find no reversible error and affirm the challenged orders. In addition, we conclude that appellants filed a frivolous motion on appeal, and we award sanctions in the amount of $7,765 to respondent ... payable by appellants' counsel"
  • This court denied appellants’ “Motion to Release the Surety Bond,” which they filed in this court on February 27, 2019. By motion filed on March 13, 2019, respondent moved for sanctions against appellants for filing a frivolous motion. This court notified the parties in writing that on its own motion and on respondent’s motion, it was considering imposing monetary sanctions in an amount not to exceed $10,500 against appellants and their counsel for the filing of a frivolous motion. (Rule 8.276(a)(3) & (c).) Oral argument on the issue of sanctions was combined with oral argument on the merits of the appeal. (Rule 8.276(e).) We now conclude that sanctions are warranted for the filing of a frivolous motion. (See rule 8.276(a)(3).)
  • The motion to release the surety bonds was not accompanied by any supporting evidence.
  • Appellants also failed to inform this court that they had brought a substantially similar “Motion to Release the Surety Bond” in the trial court, which asked the trial court to release the February 10, 2017 bond and the collateral for an August 20, 2014 bond.
  • We conclude that appellants’ motion to release the surety bonds was frivolous because it was indisputably without merit. Consequently, on our own motion, we award sanctions in the amount of $7,765 to respondent ....