What is a Frivolous Appeal?

The Court of Appeals gives us some easy examples in two recent opinions.

  1. In Dhillon v. Dhillon, Husband and Wife enter into a Marital Dissolution Agreement and proceed to have their agreed divorce approved.  Husband appealed raising several issues, including whether the trial court he agreed to was the proper venue for his agreed divorce to be handled.  The Court of Appeals deemed the appeal frivolous and directed Husband to pay Wife’s attorney’s fees and costs incurred on appeal.
  2. In In re Sydney T.C.H., the trial court found Mother guilty of contempt for contacting Father in violation of a restraining order and claiming Child as a tax deduction when the court had awarded the deduction to Father.  Mother made some weak arguments why the court’s orders were ambiguous. The Court of Appeals found the trial court’s orders were specific, unambiguous, and expressly and precisely directed Mother on what to do and what not to do.  Mother’s appeal was deemed frivolous and Father was awarded his attorney’s fees and costs on appeal.

Dhillon v. Dhillon (Tenn. Ct. App. Mar. 31, 2010).

In re Sydney T.C.H. (Tenn. Ct. App. Mar. 31, 2010).

Information provided by K.O. Herston, Tennessee Divorce Lawyer.

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K.O. Herston is a family-law attorney in Knoxville, Tennessee whose practice is devoted exclusively to family law, including divorce, child custody, child support, alimony, prenuptial agreements, and other aspects of family law.

2 thoughts on “What is a Frivolous Appeal?

  1. This Court was accused of “home cooking”, the Trial Judge had the transcriptionist remove that. The Trial Court recreated assets even though TRO specifically cites money used to mantain standard of living or to defend the matter is not affected by TRO. The husband made affirmitive defense that due to lack of info. all defenses were preserved. Further wife served, and stated that she was being denied entry into “parties” house in estill where she was ordered to go once a week. The court failed to listen or rule on seven motions filed by husband one which included a request for the judge to recuse himself. The husband was thrown in jail for without a show cause order and further without being found guilty beyond reasonable cause. Court” well it seems you have all the information…” Virgina yes. Then Judge divides seperate property giving 80 percent to wife who goes out and buys a new $50,000 car. wife can refinance mortgage but only if quit claimed to her. Court tells husband ” I can’t force you to settle …but if you don’t…it is all going away …no one will get a dime” The parties failed two mediation attempts and in court announced no settlement possible . Appellate court certifies having read the entire record …but waives arguements. In the venue issue the appellate court does not even state what standard of law they are using…..I am re-writing this in case the first post accidently did not make it…..I am trying to get a Supreme Court brief ready…want to help “in the intrest of Justice?”

  2. The wife refused to turn baby over to sister in law, refused to bring baby to Estill as orderd by court. Wife files a false ex-parte order of protection and court elects to keep farther away from child. The Child loses wieght and goes to -3% on growth curve. Court refuses to acknowlege neglect. The husband shows proof that all mortgage payments made from seperate account.The Court refuses to impute the benefit to wife of having a fully paid house with no debt of $7000,000 dollers when she came into marriage with couple of thousound dollers, six years of marriage and states clearly income deposited into seperate accounts. This was real home ccoking . The appeallate court failed to find that the assets awarded to wife were sufficient and she could pay her own legal fees. I can see a trial court “home cooking”, but I thought at court of appeals judges would be more reasonable. i am not being bitter but anyone who would read the entire record could not come up with the same conclusion the appeallate court did-in fact evveryone would disagree. Small v Small was similar in some respects and appealate court remanded on several grounds-no justice for pro-se?

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