Barnsdale Holdings, LLC v. PHH Mortgage Corp.
District Court of Appeal of Florida
1ConcurrenceShepherd, J.
I concur in the unelaborated, per curiam affirmance of this appeal, and write only to state that I would also issue an order to Thomas Erskine Ice, counsel of record for the appellant, Barnsdale Holdings, LLC, to show cause why he should not be sanctioned pursuant to 57.105(l)(b) of the Florida Statutes for maintaining a frivolous appeal in this case.1 This court has defined an appeal to be frivolous when “it presents no justiciable question and is so devoid of merit on the face of the record that there is little prospect it will ever succeed.” Visoly v. Sec. Pac. Credit Corp., 768 So.2d 482,…
2Cases cited4 opinions
- Visoly v. Security Pacific Credit Corp.District Court of Appeal of Florida · 2000
- Portfolio Investments Corp. v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
- Barnett v. BarnettDistrict Court of Appeal of Florida · 1997
- Briarwood Capital v. Lennar Corp.District Court of Appeal of Florida · 2013