Tuesday, August 9, 2011

Colorado Court of Appeals: Briefs Stricken and Appeal Dismissed for Uncivil Language and Failing to Comply with Appellate Rules

Colorado Court of Appeals: Briefs Stricken and Appeal Dismissed for Uncivil Language and Failing to Comply with Appellate Rules
(click the link)

Excerpts:

"Here, Carroll filed briefs supporting this appeal, which largely failed to advance a coherent argument in support of the contention of error. Most troubling, however, was the tenor of the opening and reply briefs. They were suffused with uncivil language directed primarily against owner’s attorneys, and were filled with sarcastic and bombastic rhetoric. This was bad advocacy and in large part inconsistent with Carroll’s professional obligation to represent his client in a civil manner. Therefore, the opening and reply briefs were stricken, the appeal was dismissed, attorney fees and double costs were assessed against Carroll, and the case was remanded to the district court for a determination of the reasonable attorney fees owner has incurred on appeal."