Rule 84.19.Damages for Frivolous Appeals.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 1980 · Last verified July 22, 2026
Full Text of Rule 84.19
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980.
Plain-English Summary
Rule 84.19 is short and discretionary: if an appellate court determines that an appeal is frivolous, it may award damages to the respondent in whatever amount the court deems just and proper. The rule doesn’t define what makes an appeal frivolous, doesn’t set a formula for the damages, and doesn’t spell out a filing procedure for seeking them — it gives the court the authority to act on its own determination.
Because the award depends on the court’s own finding that the appeal was frivolous, it isn’t triggered merely by an appellant losing. Losing an appeal is common and expected; the rule reaches a narrower category of appeals the court concludes lacked a good-faith basis.
Frequently Asked Questions
Can I be penalized for filing a weak appeal?
Possibly — if the appellate court determines the appeal is frivolous, it may award damages to the respondent.
Does the rule define what counts as “frivolous”?
No, it leaves that determination to the court.
Is there a cap on the damages the court can award?
No, the rule leaves the amount to what the court deems just and proper.
Does this rule apply automatically whenever an appellant loses?
No, it applies only when the court affirmatively determines the appeal itself was frivolous, not merely unsuccessful.
Who benefits from an award under this rule?
The respondent, to whom the court awards the damages.