In the Matter of the Estate of Witte

GUTIERREZ, Judge.

Attorney John B. Kugler appeals from the imposition of sanctions by the district court under Idaho Rule of Civil Procedure 11. Kugler was sanctioned for continuing to pursue an appeal before the Idaho Supreme Court, despite the fact that his client had dismissed him. Because we hold that I.R.C.P. 11 does not apply to improper filings before the Supreme Court, we reverse.

I

FACTS AND PROCEDURAL HISTORY

This case originated with probate proceedings dealing with the estate of Peris Witte, who died in June of 1998. Witte left a holographic will, transferring her entire estate to…