Why isn’t this a frivolous appeal?

I’m guessing the question “Why isn’t this a frivolous appeal?” ranks pretty high on the list of things lawyers do not want to be asked by a judge during oral argument.  Nevertheless, that was basically what one advocate had to address when Judge Moore inquired whether his cross-appeal for attorneys fees was frivolous: [Listen] and [Listen].

The advocate would go on to explain his rationale for bringing the cross-appeal and the court moved on to discuss other issues.

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