Commercial Litigation and Arbitration

Rule 38 Sanctions Precluded Absent Separate Motion — Arguing in Brief Inadequate

Madura v. BAC Home Loans Serv’g, LP, 2017 U.S. App. LEXIS 24409 (11th Cir. Dec.4, 2017):


Andrzej Madura and Anna Dolinska-Madura ("the Maduras"), pro se, appeal the district court's denial of their motion requesting that the court docket and preserve original loan documents in their foreclosure proceeding. We affirm.


C. Sanctions

Finally, the parties argue that the opposing party should be sanctioned. We have the inherent power to award sanctions. See Thomas v. Tenneco Packaging Co., 293 F.3d 1306, 1320 (11th Cir. 2002). If we determine that an appeal is frivolous, we may, after a separately filed motion and reasonable opportunity to respond, award just damages and single or double costs to the appellee. Fed. R. App. P. 38. A Rule 38 motion must be filed no later than the filing of the appellee's brief. 11th Cir. R. 38-1. Although the parties argued for sanctions in their answer and reply briefs, they have not filed separate motions consistent with the requirements of Rule 38 and 11th Circuit Rule 38-1. Therefore, we do not award sanctions to either party.

Share this article:


Recent Posts