GREEN MOUNTAIN FINANCIAL FUND LLC v. LACROIX et al

Filing 299

ORDER denying 288 Motion for Leave to Appeal in forma pauperis. Signed by Judge Sarah Evans Barker on 10/19/2011. c/m (cc: USCA re: CA #11-3341.) (TMA)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GREEN MOUNTAIN FINANCIAL
FUND, LLC,
Plaintiff,
vs.
LORI RAPPAPORT LACROIX, et
al.,
Defendants/Third Party
Plaintiffs,
vs.
MARGUERITE DOWNS
RAPPAPORT, et al.,
Third Party Defendants.

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1:09-cv-1216-SEB-TAB

Entry Discussing Request to Proceed on Appeal in forma pauperis
Defendant Lori Rappaport LaCroix (“Lori”) has filed a notice of appeal and a
request to proceed on appeal in forma pauperis with respect to the denial of her motion
to reconsider the ruling on the plaintiff’s motion for summary judgment. As was
completely clear from the summary judgment ruling, and as reinforced by the filing of
the plaintiff’s still-pending motion for entry of partial final judgment, the resolution of the
motion for summary judgment did not resolve all claims against all parties. In addition,
that ruling did not constitute and was not accompanied or followed by the entry of a
partial final judgment.
An appeal may not be taken in forma pauperis if the trial court certifies that the
appeal is not taken in good faith. 28 U.S.C. ' 1915; see Coppedge v. United States, 369
U.S. 438 (1962). “Good faith” within the meaning of ' 1915 must be judged by an
objective, not a subjective, standard. Id. A petitioner demonstrates good faith when he
seeks appellate review of any issue that is not frivolous. Farley v. United States, 354
U.S. 521 (1957) (absent some evident improper motive, the applicant establishes good
faith by presenting any issue that is not plainly frivolous); U.S. v. Gicinto, 114 F.Supp.
929 (W.D.Mo. 1953) (the application should be denied if the trial court is of opinion that
the appeal is frivolous, and without merit, and a futile proceeding).

There is no objectively reasonable argument which the Lori could present to
argue that resolution of the plaintiff’s motion for summary judgment was erroneous. In
pursuing an appeal, the Lori Ais acting in bad faith . . . [because] to sue in bad faith
means merely to sue on the basis of a frivolous claim, which is to say a claim that no
reasonable person could suppose to have any merit.@ Lee v. Clinton, 209 F.3d 1025,
1026 (7th Cir. 2000). More important is that the ruling from which an appeal is
ostensibly taken was not a final judgment and was not otherwise appealable at this
time. Without a final judgment or an appealable order, there is nothing which the notice
of appeal conveys except a futile waste of time and energy.
Based on the foregoing, therefore, the Lori’s request to proceed on appeal in
forma pauperis [288] is denied.
IT IS SO ORDERED.

10/19/2011
Date: __________________
Distribution:
All electronically registered counsel
Lori Rappaport Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Sylvia Rappaport
1730 South Federal Highway #21
Delray Beach, FL 33483
Courtney Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Hunter Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Marguerite Downs Rappaport
55 Saint Marks Lane
Islip, New York 11751

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana