Thursday, November 13, 2025

Appellate sanctions imposed

4/3 awards appellate sanctions in this unpub for unreasonably violating the rules of court:

  • counsel’s extensive reliance on unpublished opinions, inaccurate quotations from the cases cited, and failure to properly cite supporting evidence in the record justifies the imposition of sanctions. ARC’s opening brief cites three unpublished cases, and its reply brief cites an additional three. Absent specific circumstances not applicable here, a party may not cite an unpublished opinion.
  • Multiple citations to the appellate record are improper.
  • Further, most if not all record citations in ARC’s brief were to incorrect pages from the appellate record.
The court remands to the trial court to determine "the appropriate amount of an award of sanctions" to compensate respondent, and to decide whether sanctions should be awarded against the appellant, appellate counsel, or both.
[11/91/25 update: the DJ has Gerard Fox faces sanctions for citing unpublished cases in appeal]