Tuesday, March 06, 2007, 1:15 PM

COA Slaps Counsel With Fine, But Doesn't Dismiss, For Rules Violation

In Vignola v. Apogee Construction, filed today the COA reached the merits of an appeal where the appellant clearly violated the appellate rules. Specifically, the appellant failed to provide the applicable standard of review for any of its assignments of error. Nevertheless, the COA didn't dismiss but instead ordered defendant's counsel to pay the printing costs of the appeal.

This case may further evidence a softening toward rules violations by some judges, who may be inclined to dismiss appeals only where violations are “substantial,” “numerous,” or “multiple." (Though this softening is hard to square with In re C.T. and B.T. , and Ribble before it, where even inconsequential omission of a certificate of service is grounds for dismissal.)

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