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Perspective

Jul. 25, 2012

Court’s patience for frivolity exhausted

In the past, the Court of Appeal seemed loathe to label an appeal frivolous. By Jens B. Koepke of Morris Polich & Purdy LLP.


Appellate frivolity is increasing, says the state Court of Appeal, and it's not a laughing matter. Instead, several recent cases show that the court appears more willing to call an appeal frivolous and sanction both the lawyers and the parties involved. Those who push the envelope of colorability on appeals should be on alert.


As recently confirmed, an "appeal is frivolous 'only when it is prosecuted for an improper motive - to harass the respondent ...

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