Former State Rep. Suspended From Practicing Law for Filing Dozens of 'Frivolous' Appeals
Thomas Gannon filed 49 appeals in a case over a structural defect in his client's townhouse.
December 26, 2018 at 05:27 PM
3 minute read
A Delaware County lawyer and former state representative has been suspended from practicing law after filing dozens of unsuccessful appeals on behalf of a single client.
The Pennsylvania Supreme Court entered an order Dec. 21 suspending Thomas Peter Gannon's law license for two years. In its report on his conduct, the Pennsylvania Disciplinary Board said Gannon “abused the court system over a period of eight years by filing multiple meritless and frivolous appeals.”
Gannon, a solo attorney who was admitted to practice law in 1976 and served as a Republican member of the state House of Representatives from 1979 until 2006, drew the attention of the Disciplinary Board through his representation of a resident in a townhouse community who was seeking money to repair a structural defect in his house. The board had recommended a five-year suspension, based on “undeterred abuse of the court system and his clear disregard for the authority of the courts for a span of eight years.”
According to a report by the Disciplinary Board, Gannon represented client Daniel King beginning in 2008, in a case against the Riverwatch Condominium Owners Association. The case was sent to mandatory arbitration, which resulted in a $3,577 award in King's favor. But the arbitrators did not consider Riverwatch's counterclaim, and Riverwatch also appealed the arbitration award.
In a bench trial regarding Riverwatch's appeal and counterclaim, Delaware County Court of Common Pleas Judge Charles Burr entered an $8,500 verdict in favor of Riverwatch.
But over the next several years, Gannon filed 49 appeals in the Riverwatch case in state court, including new filings while others were pending, the board said. In June 2017, the Supreme Court said it would not entertain any more filings from Gannon or King, and entered a directive barring Gannon from representing King. The court also administratively dismissed any pending filings related to the Riverwatch matter.
“His inability to grasp the concept of res judicata caused needless work and expense for opposing counsel and judges,” the board said.
According to the Disciplinary Board, between October 2015 and October 2016 Burr issued 12 sanctions orders against Gannon and King, awarding attorney fees to Riverwatch. The fees totaled $9,155 and fines totaled $10,500.
Still, after the state court prohibited further filings, Gannon filed a federal civil rights suit against Burr and Riverwatch, the Disciplinary Board said. The case was dismissed, and the federal court granted Riverwatch's motion for counsel fees. Gannon appealed to the U.S. Court of Appeals for the Third Circuit, unsuccessfully.
During disciplinary proceedings, the Disciplinary Board said, “Judge Burr described respondent's courtroom demeanor as 'exemplary' and 'professional,' but testified that respondent has been 'stubbornly disobedient to most court orders' and 'won't take no for an answer.'”
According to the report, Gannon testified during disciplinary proceedings that “his goal in general is to win and give Mr. King justice.” The report said King is 70 years old, and has filed for bankruptcy.
Reached for comment Wednesday, Gannon said he disagrees with the Supreme Court's order, and that he plans to file a request for reconsideration. Gannon said Burr did not have jurisdiction over the case.
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