Cook v. Cook

PARKER, Judge.

James Cook appeals an order awarding attorney’s fees to Kathy Cook under section 57.105, Florida Statutes' (Supp.1990) based upon the trial court’s finding that Mr. Cook had pursued a frivolous claim. We reverse, concluding that the trial court abused its discretion in awarding fees.

In 1987 Mr. Cook suffered a severe eye injury in an accident. Shortly thereafter Mr. Cook began receiving checks from various insurance companies with which he had disability insurance. Although the checks were made payable to Mr. Cook, Mrs. Cook, who was married to Mr. Cook at the time, intercepted…