Gwartz v. Weilert

This appeal stemmed from an underlying fraudulent real estate sale. Plaintiffs, purchasers of the property, obtained a judgment for $1,553,800, which included $850,000 in punitive damages. Plaintiffs unsuccessfully attempted to collect the judgment and moved for various postjudgment orders. The trial court granted these motions and issued orders enjoining defendants and their agents from selling, spending, transferring or dissipating any of their assets, which included money in any deposit account. When plaintiffs learned that defendants violated the orders, they filed a motion to dismiss the appeal under the doctrine of disentitlement. Defendants filed an opposition to the motion to dismiss. The court concluded, based on the court's review of the motion and opposition papers, including a declaration from defendant Michael Weilert that did not deny any of the 47 transactions at issue, and argument by counsel, the court concluded that the balance of the equitable considerations relevant to the disentitlement doctrine favor dismissal. The court concluded that it would be unjust to allow defendants to seek the benefits of an appeal while willfully disobeying the trial court's valid orders and frustrating plaintiffs' legitimate efforts to enforce the judgment. Accordingly, the court granted plaintiffs' motion to dismiss.View "Gwartz v. Weilert" on Justia Law