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.