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A Better Partnership
December 28, 2012

COA Opinion: Circuit court may not award attorney fees incurred during allegedly frivolous appeal

In Edge v Edge, the Court of Appeals found that the circuit court erred when it granted the plaintiff's motion for attorney fees and costs incurred during the defendant's appeal. The circuit court granted the plaintiff's motion on the basis that the defendant's unsuccessful appeal was frivolous and characterized the award as 'sanctions.' However, because no court rule or statute authorized the circuit court to grant fees or costs for a frivolous appeal, the Court of Appeals held that the circuit court had abused its discretion and reversed the award. The defendant should have sought her fees and costs from the Court of Appeals directly.

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