George L. Schweitzer v. Daniel S. Schweitzer Hazel E. Wundrow Hanneman Schweitzer, 124 F.3d 217, 10th Cir. (1997)

Download as pdf
Download as pdf
You are on page 1of 2

124 F.

3d 217
97 CJ C.A.R. 1782
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.

George L. SCHWEITZER, Plaintiff-Appellant,


v.
Daniel S. SCHWEITZER; Hazel E. Wundrow Hanneman
Schweitzer,
Defendants-Appellees.
No. 97-4053.

United States Court of Appeals, Tenth Circuit.


Sept. 3, 1997.

Before ANDERSON, HENRY, and BRISCOE, Circuit Judges.


ORDER AND JUDGMENT*
STEPHEN H. ANDERSON, Circuit Judge.

After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R. 34.1.9. This cause is
therefore ordered submitted without oral argument.

Plaintiff and appellant George L. Schweitzer, appearing pro se, appeals the
dismissal of his First Amended Complaint for failure to state a claim, for
failure to show entitlement to relief, and for failure to plead facts necessary to
permit defendant and appellee Daniel S. Schweitzer to respond. We conclude
that, for substantially the reasons set forth in the district court's order, entered
on March 28, 1997, the district court correctly dismissed this action.

Daniel Schweitzer seeks an award of attorney's fees and costs incurred on


appeal, on the ground that the appeal is frivolous. See Fed. R.App. P. 38. An
appeal is considered frivolous when "the result is obvious, or the appellant's
arguments are wholly without merit." Braley v. Campbell, 832 F.2d 1504, 1510
(10th Cir.1987) (en banc). This appeal is frivolous. Accordingly, appellant
George Schweitzer is ordered to show cause within 15 days why attorney's fees
and costs should not be assessed against him. See Doyle v. Oklahoma Bar
Ass'n, 998 F.2d 1559, 1571 (10th Cir.1993).

The appeal is DISMISSED. The mandate shall issue forthwith.

This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally
disfavors the citation of orders and judgments; nevertheless, an order and
judgment may be cited under the terms and conditions of 10th Cir. R. 36.3

You might also like