Opinion

Johns v. Johns

  • 195 N.C. App. 201
  • 672 S.E.2d 34
  • 2009 N.C. App. LEXIS 110
Court
Court of Appeals of North Carolina
Filed
Feb 3, 2009
Status
Published
Author
Wynn
On the bench
Geer, Calabria, Wynn
Cited by
10 cases
Authority
More cited than 6.5%

submitting pleadings not well grounded in fact and for an improper purpose is sanctionable

How later courts described this case

  • submitting pleadings not well grounded in fact and for an improper purpose is sanctionable

Written by the judges who cited it.

The opinion

WYNN, Judge,

concurring.

I agree that the trial court properly determined that Mr. John’s Amended Objection to GAL was not. warranted by existing law or good faith argument for the extension, modification, or reversal of existing law. Since only one ground is needed to support a Rule 11 sanction, we need not further determine if the Amended Objection to GAL was filed for an improper purpose. Dodd v. Steele, 114 N.C. App. 632, 635 , 442 S.E.2d 363, 365 (1994).

I further emphasize that in determining whether the trial court abused its discretion by refusing to hear testimony from Mr. Johns’ witnesses, it is significant that Mr. Johns and Rice Law did not proffer their evidence to either the trial court or this court. Without a proffer of the evidence that would have been presented, nothing in the record shows that the trial court abused its discretion in this *215 matter. See Miller v. Forsyth Mem. Hosp., Inc., 174 N.C. App. 619, 621 , 625 S.E.2d, 115, 166 (2005) (“Our Supreme Court has stated that for a party to preserve the issue of the exclusion of evidence or testimony for appellate review, its importance must be made to appear in the record and a specific offer of proof is required, unless the significance of the evidence is discernable from the record.”)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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