Frivolous Appeal & Sanctions - Johnson v. Ives
Johnson v. Ives, [Ms. 2150613, Nov. 4, 2016] __ So.3d __ (Ala. Civ. App. 2016). In an extraordinary per curiam opinion, the court unanimously determines that an appellant's brief failed to comply with the procedural requirements of Rule 28(a), Ala. R. App. P., and thereby resulted in a waiver of appellant's argument as provided by White Sands Grp. L.L.C. v. PRS II, LLC, 998 So.2d 1042, 1048 (Ala. 2008). Under authority of Rule 38, Ala. R. App. P., the court ex mero motu determined the appeal was frivolous and awarded $1,500 damages to the appellee with instruction that the fine was to be paid by the attorney and not charged against his client, the appellant.
Related Documents: Johnson v. Ives