Sloan vs. Ware and Bank of America Appellant's Opening Brief

This is an appeal of an order withdrawing Sam Ware counsel for the Estate of K. Michael Goodall from appearing in this case. Counsel for the Goodall Estate sought to withdraw after counsel for Bank of America filed three successive motions for monetary sanctions. These motions were filed by Bank of America against Counsel for the Goodall Estate and personally against the administrator of the Goodall Estate with Will annexed. These successive motions for sanctions demanded that Counsel for the Goodall Estate and the Administrator of the Goodall Estate personally both pay between $13,000 and $16,000 to Counsel for Bank of America.These three motions for sanctions were utterly frivolous and without basis. Their obvious propose was to frighten and intimidate counsel for the Goodall Estate and to scare him into not zealously presenting the best arguments and to frighten him so that he would not properly present the case and would not appeal if necessary. In view of this plus the obvious hostility of the judge presiding over the case to the rightful claims of the Goodall Estate, which made it likely that these motions for sanctions which threatened the professional career of Counsel for the Goodall Estate would be granted, he filed the motion to withdraw so as to get himself off the hook on these motions for sanctions. Even after filing the motion to withdraw, the comments by Judge Busch at the final hearing on sanctions show that Judge Busch was on the verge of ordering sanctions anyway.