Rule 6. FRIVOLOUS APPEALS

The Court may, with or without a motion, impose a penalty not to exceed $2,500 against any party and/or party's counsel in any civil case in which there is a direct appeal, application, petition, or motion that the Court determines to be frivolous. For purposes of this rule, a case is frivolous if:

(1) It is without legal merit and is not supported by a reasonable argument for an extension, modification, or reversal of existing law, or the establishment of new law; or

(2) It contains assertions of material facts or citations to authority that are false or unsupported by the record or caselaw and do not represent a good faith argument to change the law; or

(3) It is presented for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. The party or party's counsel may respond to a motion to impose a penalty for a frivolous appeal within ten days or, if no motion was filed, file a motion for reconsideration within ten days of the order. The imposition of such penalty shall constitute a money judgment in favor of the appellee against the appellant or appellant's counsel or in favor of the appellant against the appellee or appellee's counsel, as the Court directs. Upon filing of the remittitur in the trial court, the penalty may be collected as are other money judgments. The Court may also, with or without a motion, impose a penalty in an appeal taken for delay pursuant to OCGA § 5-6-6.