Dominion Real Estate, LLC v. The Wise Group, Inc.
Syllabus
Appellee Dominion Real Estate, LLC (\Dominion\) filed a malicious prosecution action against the Wise Group, Inc. (the \Wise Group\), the Lux Development Group, LLC (the \Lux Group\) (together with the Wise Group, \Wise and Lux\), and Alan Wise (together with Wise and Lux, \the Wise Defendants\ or \Appellants\). The trial court dismissed Dominion's case, and Dominion appealed. 1 In their brief, the Wise Defendants asked this Court to award frivolous appeal damages. Dominion subsequently moved to dismiss the appeal. Although this Court granted the motion to dismiss, it reserved the issue of frivolous appeal damages, which is the sole issue addressed herein. Because Dominion's appeal had no reasonable chance of success, it was frivolous, and the Wise Defendants are entitled to damages. Accordingly, we grant the Wise Defendants' motion and remand the case for calculation of the Wise Defendants' reasonable attorney's fees and expenses incurred in defending this appeal and for entry of judgment on same.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “conflicts of constitutional magnitude can arise from cases of successive representation”
- holding a defendant failed to show prejudice when he did not allege any facts “other than that premature deliberations took place”
- stating that under Strickland, “counsel’s performance is evaluated from counsel’s perspective at the time of the alleged error”
- construing Brecht to require “a reasonable probability” that the jury would have reached a different verdict
- construing Brecht to require “a reasonable probability” that the jury would have reached a different verdict
- construing Brecht to require “a reasonable probability” that the jury CLARK v. BROWN 5885 would have reached a different verdict
Source: CourtListener parenthetical corpus (CC0).
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