Attorneys assessed costs for filing a frivolous claim
The Court of Appeals upheld a sanction award of $11,000.00 against attorneys Mark R. Dancer and James P. O'Neill, despite the fact that Dancer was never notified of the request for sanctions or allowed to defend the claim. The Wexford County Circuit Court determined that Dancer filed a complaint that he had not adequately investigated and assessed costs without allowing Dancer an opportunity to defend the allegation. The Court of Appeals upheld the award, despite a spirited dissent from one of the Judges: the dissenting judge cited extensive law supporting his conclusion that it is a denial of due process to award such sanctions where the attorney has not been allowed an opportunity to respond. The case is entitled Guy and Bethany Hissong v. Mark R. Dancer.