Bitetto v. Felix
Raymond and Priscilla Felix appeal from a judgment confirming an arbitration award issued against them. The award required the partition and sale of a boat which the Felixes co-owned with another couple, Vince and Debbie Bitteto, and also required that the Felixes pay in excess of $50,000 in attorney fees and costs to the Bittetos. The sanctions question, however, is a close one. Although the Felixes attempt to raise entirely new contentions both factual and legal for the first time on appeal does smack of frivolousness, we are disinclined to view those contentions as distinct issues in this case. Because the boat has already been sold, it would be difficult to conclude the Felixes had anything of significance to gain in suddenly arguing about the rights of the boats mortgagee (and its alleged affect on the enforceability of the parties co-ownership agreement) other than an alternative means of attacking the rather substantial attorney fee award entered against them below. It thus appears this appeal is, as a practical matter, solely about that fee award. And when viewed as a whole, the attack on that fee award was not frivolous.
Comments on Bitetto v. Felix