Responding to "Frivolous" Penalties or Accusations, Form #05.027
Blacks Law Dictionary, Sixth Edition, 1990, p. 668:
Frivolous.
Of little weight or importance. A pleading is "frivolous"
when it is clearly insufficient on its face and does not controvert
the material points of the opposite pleading, and is presumably interposed
for mere purposes of delay or to embarrass the opponent. A claim
or defense is frivolous if a proposent can present no rational argument
based upon the evidence or law in support of that claim or defense.
Liebowitz v. Aimexco Inc., Col.App., 701 P.2d 140, 142. Frivolous
pleadings may be amended to proper form or ordered stricken under federal
and state rules of civil procedure."
[Blacks Law Dictionary, Sixth Edition, 1990, p. 668]
Wilcox v. C.I.R., 848 F.2d. 1007 (C.A.9,1988)
An appeal is frivolous if the result is obvious, or the arguments of error
are wholly without merit.
DeWitt v. Western Pac. R.R., 719 F.2d 1448, 1451 (9th Cir.1983).
This court has previously held that all of the contentions which Wilcox
raises are frivolous or wholly without merit. See
Carter, 784 F.2d at 1009;
Nunley, 758 F.2d at 373;
Rockwell, 512 F.2d at 887.
[Wilcox v. C.I.R., 848 F.2d. 1007 (C.A.9,1988)]