City of Little Rock v. Nerhan

I concur with the majority in the result of this case, but I ■write separately to express why I believe the trial court’s imposition of Rule 11 sanctions should be reversed. I believe that it is irrelevant that the trial court acted on its own motion. Arkansas law provides that the moving party establishes a violation of Rule 11 when it is patently clear that the nonmoving party’s claim has no chance of success. Ver Weire v. Ark. Dep’t of Human Servs., 71 Ark.App. 11, 13, 26 S.W.3d 132, 133 (2000). Here, it is not patently clear that the City’s claim — that it did not engage in delay or…