Bowman v. Ackerman

¶ 1. Plaintiff William Bowman III appeals the superior court’s order awarding defendants Alan Simoneau and Sal Wiggin attorney’s fees and costs as a V.R.C.P. 11 sanction against Bowman and his counsel for pursuing a frivolous declaratory judgment action against Simoneau and Wiggin. Because Simoneau and Wiggin failed to follow Rule ll’s strict procedural requirements, the court erred in granting their motion to sanction Bowman and his counsel. Accordingly, we reverse the superior court’s order and reinstate a previous order denying the motion for Rule 11 sanctions.

¶ 2. In June 1999, Bowman…