Dana Commercial Credit Corp. v. Ferns & Ferns

Opinion

KLEIN, P. J.

Respondent Dana Commercial Credit Corporation (Dana) seeks sanctions for a frivolous motion by appellants Ferns & Ferns, Barry Ferns and Karen Ragland (hereafter appellants) to recall the remittitur, which issued after dismissal of the appeal became final. 1 , 2

The essential issue presented is whether this court has the inherent authority to impose sanctions for the making of a frivolous motion on appeal, as contrasted with sanctions for the prosecution of a frivolous appeal.

This court has inherent powers requisite to its proper functioning, including the power to preserve…