An appeal of a legal decision is valid when an area of law has been incorrectly applied in a judgment and the offended party would like the judgment reversed. However, in some cases one party has an improper reason for filing an appeal. A court of appeal will award sanctions if one party files a frivolous appeal. There are two tests to determine whether an appeal is frivolous and warrants sanctions. The first is subjective and asks, “Did the party who filed the appeal file it with an improper motive–either to harass the other party or delay the judgment?” The second test is objective and asks, “Was the appeal so lacking in merit than any reasonable attorney would agree that it is without merit.” If those questions are positively answered, the appellate court will award sanctions which requires the filing party to pay for his or her frivolous motion in the terms of the other sides’s attorney fees or some other measure of payment.
If you need a divorce attorney in the Orange County area to discuss a dissolution matter such as child support, custody, spousal support and property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Treviño Law, Inc. 23151 Moulton Parkway Laguna Hills, California Phone (949) 716.2102
Although the posting of this information can be considered free legal advice for an OrangeCounty divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship.