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Appellate Law
: Abstract AppealFifth District: 57.105 Appellate Fees
By Matt Conigliaro
Can you obtain an appellate attorney’s fees award under section 57.105 based on a lack of merit with regard to the trial court proceedings? No, explained the Fifth District in this decision. An appellate court’s fee award for lack of merit should be with reference to the appeal, not the trial court proceedings.
As the district court stated, “In many cases, it may be the same, but often, not.”
Full post as published by Abstract Appeal on February 14, 2011 (boomark / email).
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