O'Neill v. Goar

BAKER, Judge.

The unique question we address today is whether a jury can determine if an action is frivolous and attorney’s fees are warranted under IND.CODE 34-l-32-l(b) (Supp. 1992). We hold that a court must make such determinations. Appellant-plaintiffs Jack R. O’Neill and Letti O’Neill appeal the jury’s award of costs and attorney fees to appellee-defendant James V. Goar d/b/a Goar Associates. We reverse the judgment and remand.

FACTS

The undisputed facts are that in July 1991, Phyllis Jackson signed a listing agreement with Goar to sell her house. The list price was $115,000. Goar showed…