law-sanctions on appeal | frivolous appeal | sanctions case law |
SANCTIONS FOR FRIVOLOUS APPEAL
Under rule 45, we may award “just damages” for a frivolous appeal on the motion of any party or
on our own initiative. Tex. R. App. P. 45; Smith v. Brown, 51 S.W.3d 376, 381 (Tex. App.—
Houston [1st Dist.] 2001, pet. denied). We apply an objective test to determine whether an
appeal is frivolous and conduct a full examination of the record and all the proceedings from the
viewpoint of the advocate. Smith, 51 S.W.3d at 381. The goal of this inquiry is to determine
whether the advocate had reasonable grounds to believe that the trial court’s judgment should be
reversed. Id. We exercise prudence and caution and deliberate most carefully before awarding
damages under rule 45. Id. We award sanctions in truly egregious circumstances. Goss v.
Houston Cmty. Newspapers, 252 S.W.3d 652, 657 (Tex. App.—Houston [14th Dist.] 2008, no
pet.).
An appellant’s failure to provide a reporter’s record does not, standing alone, make his appeal
frivolous. Sam Houston Hotel, L.P. V. Mockingbird Rest, Inc., 191 S.W.3d 720, 721 (Tex. App.—
Houston [14th Dist.] 2006, no pet.).
CASES
Kim v. Santos Nunes (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)
(frivolous appeal sanctions imposed on attorney)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Jennings and Higley
01-05-00636-CV Okjin Kim v. Santos Nunes
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker
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