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.
Structure Delaware Code
§ 1601. Written notice of pendency of action.
§ 1602. Recording; indexing; cancellation.
§ 1605. Mailing of notice of pendency to parties against whom notice is indexed.
§ 1606. Mandatory cancellation.
§ 1607. Cancellation upon condition of security.
§ 1608. Discretionary cancellation; hearing on probability of success on the merits.
§ 1609. Voluntary cancellation by party recording the notice.
§ 1610. Effect of canceled or expired notice.
§ 1611. Costs and attorneys' fees.
§ 1612. Fee for recording notice as taxable costs.
§ 1613. Recording and marginal notation of judgment or stipulation of dismissal.