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2021 Delaware Code
Title 25 - Property
Chapter 16. Lis Pendens
§ 1611. Costs and attorneys' fees.
Universal Citation:
25 DE Code § 1611. (2021)
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§ 1611. Costs and attorneys' fees.
In an order either upholding a notice of pendency or cancelling a notice of pendency, the court may, for good cause shown, and in the interest of justice, direct a party to pay the prevailing party's damages, if any, together with court costs of the action. In addition, the court, in exceptional cases, may award reasonable attorneys' fees to the prevailing party. Attorneys' fees may be assessed against a party only if the court finds that such party has wilfully asserted a claim or defense thereof without foundation in law or fact and/or not supported by a good faith request for an extension of the law, or for an improper purpose such as to harass or cause unnecessary delay in a legal proceeding or transaction.
67 Del. Laws, c. 59, § 1;
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