Girard v. Girard

The Seventh Circuit considered a motion for sanctions in a family law case that was removed from state court to the federal district court and was then remanded back to the state court for lack of jurisdiction. The defendant that removed the case to federal court appealed and the Seventh Circuit dismissed the case for lack of appellate jurisdiction. The non-moving party moved for sanctions under Rule 38 of the Federal Rules of Appellate Procedure, arguing that the appeal was frivolous. The Seventh Circuit granted the motion and found that the request for attorney’s fees and costs was just and reasonable. (HAMILTON and JACKSON-AKIWUMI, concurring)