This appeal is a continuation of the case we considered in Trust Co. Bank v. C&S Trust Co.,
We have reviewed the record and our earlier opinion in this case, and now conclude that the superior court erred in denying relief under § 9-15-14 (a). That subsection provides that
reasonable and necessary attorney’s fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position.
“The standard of review for this [subjection is the ‘any evidence rule.’ ” Haggard v. Bd. of Regents,
In this Court’s earlier opinion, we found that the interpleader action was inappropriate because the claims of the defendants were not adverse. Trust Co. Bank, supra,
Judgment reversed and remanded.
Notes
We do not reach the question whether the superior court abused its discretion by denying relief pursuant to § 9-15-14 (b).
