Bryan
Bryan v. Bank of America
Opinion
Opinion
Kline, J.
This appeal having previously been dismissed, appellant moves to recall the remittitur. Respondents not only oppose the motion but request the imposition of sanctions on appellant’s counsel for factual misrepresentations made to the court. The request for sanctions raises the legal question whether an appellate court has inherent authority to impose sanctions in the form of attorney fees against an attorney for factual misrepresentations or the violation of court rules. We shall conclude that we have such authority and that its exercise is warranted in this case. We shall also deny appellant’s motion to recall the remittitur.
Facts
According to Gail Braze, one of the attorneys engaged by appellant Tara Lee Bryan, the latter became delusional in June of 1999 while this case was pending in the trial court. Two months later, after she stopped taking her medication, appellant disappeared. At some point before she departed, and apparently while delusional, appellant told counsel to cease pursuing her case.
On August 13, 1999, the trial court granted summary judgment for respondents and three weeks later respondent bank’s counsel sent notice of entry of judgment. On October…