IN THE CIRCUIT COURT GREENE COUNTY MISSOURI
Marc Perkel - pro se )
)
vs. ) No. 197CC0170
)
William A. Wear Jr. )
James R. Sharp )
The Lawfirm of Wear and Sharp )
Vicki Stringfellow )
MOTION FOR SANCTIONS FOR FRIVOLOUS MOTION
=========================================
COMES NOW, Plaintiff Marc Perkel and asks the court to impose sanctions
against Defendants' attorney Donald Duncan and his lawfirm pursuant to
Rule 55.03 (c)(1)(a) for filing a frivolous motion. In support of this
motion Plaintiff states as follows:
1) On January 21st 1997 attorney Donald Duncan filed a Separate Motion
to Dismiss on behalf of Defendants Wear and Sharp and the Lawfirm of
Wear and Sharp claiming that his clients are not a party to this
action in equity. In the motion Mr. Duncan sites no law or athority
supporting his bare allegation and therefore makes no specific
argument.
2) On January 30th 1997 Plaintiff filed an answer to defendants'
Separate Motion to Dismiss pointing out to him that their clients are
not only proper parties, by necessary parties to this action pusuant
to Missouri Revised Statute 527.110.
3) Defendants' pending Motion to Dismiss suspends time and delays this
proceeding until his motion is ruled on. Plaintiff contends this is
an unnecessary delay.
4) Plaintiff contends that Mr. Duncan as an attorney knows the rules and
knows that Defendants' Motion to Dismiss is not a good faith
argument and violates the Rules of Professional Conduct.
5) This motion serves notice on Mr. Duncan pursuant to Rule 55.03.
WHEREFORE, having notified Mr. Duncan by this motion, plaintiff demands
that Mr. Duncan withdraw his Motion to Dismiss so as to allow this
proceeding to continue without delay. In the alternative, Plaintiff asks
the Court to impose sanctions against Mr. Duncan pursuant to Rule 55.03.
____________________________________
Marc Perkel * Plaintiff * 02-07-97
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