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Frivolous Appeal – Sanctions

By: WISCONSIN LAW JOURNAL STAFF//October 14, 2022//

Frivolous Appeal – Sanctions

By: WISCONSIN LAW JOURNAL STAFF//October 14, 2022//

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WI Court of Appeals – District I

Case Name: Robin Zahran v. LoanDepot

Case No.: 2020AP1934

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

Focus: Frivolous Appeal – Sanctions

On appeal, the Zahrans challenge both the merits of the circuit court’s decisions and the procedures the court employed. The respondents move for sanctions against the Zahrans for filing a frivolous appeal. In response, the Zahrans seek sanctions against the respondents for misrepresenting the record and making frivolous arguments in their response briefs and their motion for sanctions. We conclude that the court properly dismissed the Zahrans’ claims. We further conclude that neither the Zahrans’ appeal nor the respondents’ response briefs and motions for sanctions are frivolous.

On appeal, the Zahrans challenge both the merits of the circuit court’s decisions and the procedures the court employed. The respondents move for sanctions against the Zahrans for filing a frivolous appeal. In response, the Zahrans seek sanctions against the respondents for misrepresenting the record and making frivolous arguments in their response briefs and their motion for sanctions. We conclude that the court properly dismissed the Zahrans’ claims. The court further concludes that neither the Zahrans’ appeal nor the respondents’ response briefs and motions for sanctions are frivolous.

 

Affirmed summary judgment orders but deny the cross-motions for sanctions.

Decided 10/11/22

 

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