Ziebell v. Ziebell
An attorney sanctioned for misconduct must file his or her own notice of appeal in order to challenge the sanction and may not intervene in his client’s appeal.
An attorney sanctioned for misconduct must file his or her own notice of appeal in order to challenge the sanction and may not intervene in his client’s appeal.
Sanctions should be imposed against wife’s counsel for brief containing omissions and affirmative misrepresentations.
No absolute rule that appealable order must have “finality statement”. Any ambiguity is to be liberally construed in favor of saving the appeal.
Appeal found to be frivolous and wife entitled to costs.
Value of orthopedic surgery practice included accounts receivable as husband would continue to generate them as long as he practiced medicine.
Inclusion of A/R as a business asset (vocational rehabilitation counselor) is affirmed – court refuses to adopt bright line rule.
Inclusion of A/R as a business asset (vocational rehabilitation counselor) is affirmed – court refuses to adopt bright line rule.
Because receivables were viewed as salary, it would have been error to include them in the assets available for distribution.
Accounts receivable and secured accounts receivable were improperly excluded from marital estate.
A\R are assets of the service corp. unless excluded by withdrawal agreement. However, double counting of A/R is error.