RO: And those are legitimate questions, at least the court thinks so...
I read the court documents you linked to on another thread, Richard.
According to the docket, the appeal can still be denied. It is not set in stone as you present it.The court actually doesn't think they are legitimate questions - that will only be determined when the appeal proceeds. The court has only agreed to hear an appeal but it was not based on whether the concerns were legitimate (that will be determined when and if the appeal proceeds). The issue that has held it up is whether or not the sanctions can even be appealed. The court has reluctantly agreed to let an appeal proceed but that can still be changed
On August 3, 2016, we sent a letter to counsel asking why this case should not be dismissed as from a nonappealable order as it was unclear from the terms of the sanctions order whether the amount of sanctions exceeded the $5, 000 threshold allowing for a direct appeal pursuant to Code of Civil Procedure section 904.1, subdivision (a)(12). Appellant's counsel responded, establishing that sanctions pursuant to the order had accrued in the amount of $48, 000 by the time of the filing of the notice of appeal, therefore exceeding the $5, 000 threshold. The appeal may proceed. The appealability of the order may be subject to further consideration during the pendency of the appeal.
Reading the history of the Watchtower's attempts to get an appeal even heard (a sanction under $5000 cannot be appealed), it becomes apparent that the Watchtower could be treading on thin ice.
The words that come to mind are "frivolous appeal". Jus' sayin'
