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Moraus v. Frederick11/2/2005
8), 709 So.2d 292.
We do not find this appeal to be frivolous. Neither the record nor the briefs indicate that counsel for Imperial does not seriously advocate the position taken, or that this appeal was filed as a dilatory tactic. There were genuine issues presented in this appeal. Thus, we deny Moraus' request for damages for frivolous appeal.
DECREE
For the foregoing reasons, we amend the judgment of the trial court to increase the allocation of fault of Joseph Moraus to 50%, and to reduce the allocation of fault of Jennifer Frederick to 50%. We affirm the trial court's awards for past special damages and for past and future general damages. We reverse the award for future special damages as not legally proven. Further, we deny Plaintiff's request for damages for frivolous appeal. Costs of this appeal are assessed 50% against the Plaintiff, Joseph Moraus, and 50% against the Defendant, Imperial Fire and Casualty Insurance Company.
AFFIRMED IN PART AS AMENDED; REVERSED IN PART; AND RENDERED.
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