Litigation

Rule 11 Sanctions Imposed for Frivolous Motion to Set Aside Judgment

By H. William Allen et al.

The Arkansas Supreme Court affirmed the granting of Rule 11 sanctions in Reeve v. Carroll County, No. 07-1239 (5/29/08). During a hearing on a motion to dismiss, the parties reached settlement. They read the terms of the settlement into the record, and no one objected. The trial court entered an order based on the settlement. However, 17 days later, plaintiffs filed a motion to set aside the order. They argued the order contained erroneous findings that had not been agreed upon.

The trial court granted Rule 11 sanctions, and the supreme court affirmed. The opinion is not clear as to the amount of sanctions, but it is clear that plaintiffs' attorney was sanctioned.

Full post as published by Arkansas Business Litigation Blog on May 30, 2008 (boomark / email).