Frivolous Appeal – Sanctions

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WI Court of Appeals – District III

Case Name: River Valley Bank, et al. v. Becker Properties of Wausau LLC, et al.

Case No.: 2016AP1529

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Frivolous Appeal – Sanctions

Cabintek, LLC, appeals an order granting summary judgment in favor of River Valley Bank foreclosing a lease against Cabintek. River Valley argued it was entitled to foreclosure of Cabintek’s leasehold interest because of its preexisting mortgage lien against the leased property, and because Cabintek’s affirmative defenses and counterclaims failed as a matter of law. The circuit court agreed.

Cabintek argues summary judgment was inappropriate because there remain genuine disputed issues of material fact regarding its affirmative defenses and counterclaims. Meanwhile, River Valley moves this court for sanctions, arguing that Cabintek filed its brief late, Cabintek filed a false certificate of service, and the instant appeal is frivolous. We affirm the circuit court’s order and also determine that Cabintek’s appeal is frivolous. We therefore grant River Valley’s motion for sanctions and remand this matter to the circuit court to determine and then award River Valley’s costs and attorney fees associated with this frivolous appeal.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.