Champlin/GEI Wind Holdings, LLC v. Avery
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The trial court entered judgment for Respondent in this breach of contract claim. The Second Appellate District affirmed and also imposed sanctions against Appellant's counsel for filing a frivolous appeal.
The Second Appellate District explained "An appeal is frivolous only when it is prosecuted for an improper motive – to harass the respondent or delay the effect of an adverse judgment – or when it indisputably has no merit – when any reasonable attorney would agree that the appeal is totally and completely without merit." The court held that here, the appeal was frivolous because it "indisputably has no merit." The matter was entirely within the discretion of the trial court, and the fact that Appellant's counsel consulted with two other attorneys who believed the claim had merit did not change the court's opinion.
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