Section 9.8 Test for Awarding Sanctions

• Library: App Ct Prac 2015 Supp

B. (§9.8) Test for Awarding Sanctions

Just because an appeal is frivolous by definition, this does not mean sanctions will be imposed. The imposition of sanctions is on a case-by-case basis with no hard-and-fast rule. Richey v. Meter Invs., Inc., 680 S.W.2d 381 (Mo. App. W.D. 1984). Sanctions for frivolous appeal are not imposed if the issues on appeal are “fairly debatable.” Fields v. R.S.C.D.B., Inc., 865 S.W.2d 877, 879 (Mo. App. E.D. 1993). Sanctions may be assessed if the issues are presented in bad...