Frivolous motion

[johnd]

What is the name of your state? Wisconsin

I sued both an individual and an entity and prevailed in the case, although I did not receive the entire amount sought (rec'd 80%). I appealed the circuit court's decision to the appelate level, ordered and payed forthe transcript, and then decided to not pursue the case any further. Now the defendant's attornery has filed a motion for frivolousness. I only filed the notice of appeal and ordered the transcript (never filed any motions, briefs, affidavits, etc.). I now must respond to his motion by the 19th, else forfeit my right to contest his motion.

I know what I'm going to do. Just wondering...any thoughts or meaningful insight?

 

[JETX]

any thoughts or meaningful insight?

Yep. Show up at the court and respond to the motion.

 

[johnd]

Yep. Show up at the court and respond to the motion.

Well, in this country (the US) appellate motions are filed (you do not "Show up at the court and respond to the motion"). So, any meaningful insight or input?

 

[BelizeBreeze]

Well, in this country (the US) appellate motions are filed (you do not "Show up at the court and respond to the motion"). So, any meaningful insight or input?

Yes**************....

 

[johnd]

Yes**************....

Ahhh. More meaningul input by you. I am indebted.

 

[JETX]

Well, in this country (the US) appellate motions are filed (you do not "Show up at the court and respond to the motion"). So, any meaningful insight or input?

Gee, another legal idiot. From your own post: "Now the defendant's attornery has filed a motion for frivolousness."
And you, as the respondent have the right to RESPOND.

In any case, clearly, you are far more interested in displaying your stupidity... so, I will allow you to do so unimpeded.

 

[johnd]

Gee, another legal idiot. From your own post: "Now the defendant's attornery has filed a motion for frivolousness."
And you, as the respondent have the right to RESPOND.

In any case, clearly, you are far more interested in displaying your stupidity... so, I will allow you to do so unimpeded.

More meaningful insight.

 

[tranquility]

I appealed the circuit court's decision to the appelate level

I bet you did this pro per, right? Getting an appellate attorney is very expensive. Removing your appeal before it is heard is prima facia frivilous. Depending on the specific court, the burden is now on you to prove why it was not. I bet they will get their damages. I bet you should have gotten the advice of an attorney experienced with appeals before filing one. I don't know what advice you're looking for. Appealing things is not a game. It's done by serious people who do serious things and who are generally very knowedgable about what can and can't be done--and pro pers who's emotions can often overcome any intellegence or knowledge they brought to the original suit.

Get an attorney to reply. I suggest one who has experience with appellate law and attorney fees cases. He will be expensive. You can also talk to the opponents to see if they're willing to make a deal.

 

[johnd]

Removing your appeal before it is heard is prima facia frivilous.

Tranquility: thanks for the serious feedback, but, is it (prima facie frivolous)? I have several arguments (points) at my disposal that I will use in my response. All I did was send notice of appeal and order the transcript, remember. Without doing these two cursory steps, I am not even able to preserve my right to appeal.

 

[tranquility]

In the first you said you filed an appeal, now you say you only gave notice of appeal. Obviously these are different things. I don't have detailed knowledge of this area. The first question was easy, now it gets closer. That's where experience and specific knowledge come into it. Each jurisdiction can be different on the prima facie (good catch), requirement of frivolous. However, the facts in your original post:

I appealed the circuit court's decision to the appelate level, ordered and payed forthe transcript, and then decided to not pursue the case any further.

Would certainly be so, causing the burden to shift to you. The problem is, if you do pursue the case, the burden will be on them to prove the frivilous or malicious (and another, I don't recall offhand) nature of the appeal. This makes it harder for them, but, the damages go up rapidly from here on out.

 

[johnd]

In the first you said you filed an appeal, now you say you only gave notice of appeal. Obviously these are different things. I don't have detailed knowledge of this area.

Thanks again Tranquility. Actually, I wrote specifically what I have done in the first post "filed the [notice of] appeal and orderd the transcript". I also wrote that I have not yet filed any "motions, briefs, affidavits, etc.", again, in the original post. These things, obviously, are the papers that comprise the substance of the appeal (the notice is just a notice, and the transcript is just a record of what has already occurred (in circuit court)).

 

[BelizeBreeze]

Thanks again Tranquility. Actually, I wrote specifically what I have done in the first post "filed the [notice of] appeal and orderd the transcript". I also wrote that I have not yet filed any "motions, briefs, affidavits, etc.", again, in the original post. These things, obviously, are the papers that comprise the substance of the appeal (the notice is just a notice, and the transcript is just a record of what has already occurred (in circuit court)).

you have been told what to do. Now, if you tell us what you WANT to hear, we'll be happy to repeat that back to you.