 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Castrataro v. Urban6/27/2002
legal support for appellant's argument. In addition, at the time appellant filed her complaint, the trial court was likely unaware of the other cases, both state and federal, that appellant previously had filed against appellee. Moreover, with regard to appellant's remaining argument, a trial court must schedule a hearing on a motion requesting attorney's fees only on those motions which demonstrate arguable merit. See Justice, supra. at 444. Thus, it is not necessary that appellee prove frivolous conduct before a hearing is scheduled. Since the Motion for Attorney Fees filed by appellee demonstrated arguable merit, we find that the trial court was required to hold a hearing on the same. Appellant's fifth assignment of error is, therefore, overruled. Accordingly, the judgment of the Delaware County Court of Common Pleas is affirmed.
By Edwards, J. Hoffman, P.J. and Boggins, J. concur
|