Cherryhomes v. Vogel

OPINION

BIVINS, Judge.

Tom Cherryhomes, attorney for petitioner, appeals the district court’s order imposing Rule 11 (SCRA 1986, 1-011 (Cum. Supp.1989)) sanctions for willfully failing to disclose, at the time he submitted a petition on behalf of Donna Cherryhomes, his wife, for custody of her child by a former marriage, the pendency of an action in the state of Oregon involving the same issue. Although Cherryhomes raises a number of issues on appeal, we find one dispositive. Where, as here, the sanction awarded is based on what the attorney failed to disclose to the court, as opposed to a…