McCarthy, with whom Doherty, Wallace, Pillsbury & Murphy was on brief, for appellee
William Jebb; John T.
The First District then specifically considered how appellate courts might address alternative theories for affirmance raised by an appellee
for the first time at oral argument.
asserted that the provision, which exposed physicians to
confronting de novo review should not rely exclusively on the trial court's reasoning.
Counsel for the appellees
responded that there were some John Doe defendants but that they "never got placed." No further discussion occurred regarding the John Does and no action was taken to dismiss them from the case.
"To the extent that appellees
may try to bring in evidence of nationwide practices that are irrelevant to their individual claims ...
award just damages and single or double costs to the appellee
." Section 1912 allows a court of appeals "in its discretion" to "adjudge to the prevailing party just damages for his delay, and single or double costs." Although the statute and rule differ slightly--the latter speaks of "delay" while the former refers to "frivolous" appeals--courts have long ignored this distinction and construed both as authorizing sanctions for frivolous appeals.
are corporations in the business of selling gasoline in the state of Tennessee.
In reference to CNN, they said: "We must consider the media to have acted jointly with the federal appellees
and hence under of `color of law.'"
Cooke, appellant, defaulted on a residential mortgage loan on property located in Upper Marlboro, Prince George's County, resulting in the filing of a complaint for foreclosure proceedings, in 2016, by the substitute trustees, appellees
. After many filings, attempts to cure the default, uncredited payments, attempted mediation, and mounds of document production, the circuit court resolved the matter by the entry of an order, in 2017, denying appellant's Motion to Stay and Dismiss.
This case came to my attention, as motions judge, when the appellees
sought permission to file a brief containing more words than the 14,000 permitted by Fed.
We agree with the district court that Appellees
have demonstrated irreparable harm through the actual and imminent possibility that they will be enjoined from prosecuting their suit in this, or in any other non-Singaporean, forum, and that there are sufficiently serious questions going to the merits." [Slip op.