Damages for frivolous appeal are awarded pursuant to LSA-C.C.P. art. 2164. However, this statute is penal in nature and must be strictly construed. Moreover, appeals are favored, and damages for frivolous appeal are not granted unless they are clearly due. Even when an appeal lacks serious legal merit, damages for frivolous appeal will not be made unless it is clear that the appeal was taken solely for the purpose of delay or that appellant's counsel is not serious in the position he advances. Elloie v. Anthony, 95-0238 (La.App. 4 Cir. 8/23/95); 660 So. 2d 897, writ denied 95-2239 (La. 11/27/95); 663 So. 2d 731.