BAKER, Judge.
The unique question we address today is whether a jury can determine if an action is frivolous and attorney's fees are warranted under IND. CODE 34-1-32-1(b) (Supp. 1992). We hold that a court must make such determinations. Appellant-plaintiffs Jack R. O'Neill and Letti O'Neill appeal the jury's award of costs and attorney fees to appellee-defendant James V. Goar d/b/a Goar Associates. We reverse the judgment and remand.
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