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.”

...posted by  ⊥  February 14th, 2011 ⊥  9:04 AM  ⊥   ⊥