Jun. 4, 2018
A frivolous appeal
Occasionally — but rarely — an appeal is so weak that the appellate court that the court deems it “frivolous.” Even rarer is a finding that an appeal was “solely to cause delay.”
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
Christopher D. Hu
Associate
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , California 94611
Phone: (415) 570-2122
Email: christopher@moskovitzappellateteam.com
Chris was a research attorney for a 9th Circuit judge, and then served as research attorney for a California Supreme Court justice. Moskovitz Appellate Team is a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. The Daily Journal has named M.A.T. as one of California's top boutique law firms.
California Rule of Court 8.276 allows an appellate court to impose sanctions for "Taking a frivolous appeal or appealing solely to cause delay."
Occasionally -- but rarely -- an appeal is so weak that the appellate court that the court deems it "frivolous." Even rarer is a finding that an appeal was "solely to cause delay."
"Frivolity" can be determined objectively. Cases hold that an appeal is "f...
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