California Courts of Appeal
Apr. 25, 2012
Dismissal of appeals based on the 'disentitlement doctrine'
Dismissal based on the "disentitlement doctrine" is often an effective alternative to arguing frivolousness. By Robert Cooper of Wilson Elser Moskowitz Edelman & Dicker LLP
Appeals are often prosecuted by appellants that are in violation of court orders. For example, instead of paying a sanctions award, the losing party's instinctive response may be to prosecute an appeal. While such appeals can be meritorious in certain cases, they are prosecuted frequently for other reasons (e.g., to delay payment, etc.). Although "no determination of frivolousness is necessary when it is found that the purpose of appeal ...
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