DARDEN, J.
The law firm of Plews Shadley Racher and Braun LLP (“PSRB”), as intervenor, appeals the trial court’s order awarding attorney fees to the Estate of Timothy P. Brazill (“Estate”) and to attorney Judy G. Hester (“Hester”) for actions by PSRB on behalf of its client James W. Smyth.1 We reverse and remand.
. . . .
. . . Given the court’s order referencing the “frivolous, unreasonable and bad faith conduct” of Smyth and his attorneys, (App. 28), the trial court appears to have awarded the fees pursuant to Indiana Code section 34-52-1-1, which authorizes “the award of attorney fees for litigating in bad faith or for pursuing frivolous, unreasonable or groundless claims.” Davidson v. Boone County, 745 N.E.2d 895, 899 (Ind. Ct. App. 2001). . . .
Appellate review of the trial court’s award of attorney fees pursuant to Indiana Code section 34-52-1-1 proceeds in three steps. We first review the trial court’s findings of fact under a clearly erroneous standard. Davidson, 745 N.E.2d at 899 (citing Emergency Physicians of Indianapolis v. Petit, 714 N.E.2d 1111, 1115 (Ind. Ct. App. 1999), adopted in relevant part, 718 N.E.2d 753 (Ind. 1999)). In reviewing the findings of fact, we neither reweigh the evidence nor judge witness credibility, but rather we review only the evidence and reasonable inferences drawn therefrom that support the trial court’s findings and decision. Davidson, 745 N.E.2d at 900 (citing Kahn, 533 N.E.2d at 164). In reviewing under the clearly erroneous standard, we will not reverse unless we are left with a definite and firm conviction that a mistake has been made. Id.
The second step is to review de novo the trial court’s legal conclusions. Davidson, 745 N.E.2d at 899 (citing Emergency Physicians, 714 N.E.2d at 1115). We have previously applied the following guidelines in our review of an attorney fee award pursuant to the statute.
A claim is frivolous (a) if it is taken primarily for the purpose of harassing or maliciously injuring a person, or (b) if the lawyer is unable to make a good faith and rational argument on the merits of the action, or (c) if the lawyer is unable to support the action taken by a good faith and rational argument for the extension, modification, or reversal of existing law.
Kopka, Landau & Pinkus v. Hansen, 874 N.E.2d 1065, 1074 (Ct. App. 2007) (quoting Kahn v. Cundiff, 533 N.E.2d 164, 170 (Ind. Ct. App. 1989), summarily aff’d by 543 N.E.2d 627 (Ind. 1989)). A claim is unreasonable if, based on a totality of the circumstances, including the law and facts known at the time of the filing, no reasonable attorney would consider that the claim or defense was worthy of litigation or justified. Kopka at 1075 (citing Kahn at 170-71). A claim is groundless if no facts exist which support the legal claim relied on and presented by the losing party. Kopka at 1075 (citing Kahn at 1071). A claim or defense is not, however, groundless or frivolous merely because the party loses on the merits. Northern Elect. Co., Inc. v. Torma, 819 N.E.2d 417, 431 (Ind. Ct. App. 2004) (citing Kahn, 533 N.E.2d at 171), trans. denied.
Finally, the statute “vests discretion in the trial court to award fees on finding one or more of the acts described in subsection (b).” Mitchell v. Mitchell, 695 N.E.2d 920, 925 (Ind. 1998). Thus, the third step of our appellate review is “to review the trial court’s decision to award fees and the amount thereof under an abuse of discretion standard.” Davidson, 745 N.E.2d at 899-900 (citing Emergency Physicians, 714 N.E.2d at 1115).
. . . .
The Estate and Hester jointly argue that we should affirm because the trial court did not abuse its discretion when it awarded attorney fees under the statute. We acknowledge that the final step of our review is one applying the abuse of discretion standard. Moreover, inasmuch as the trial court’s findings of fact and conclusions of law do not address the attorney fee award, we may consider that portion of the judgment to be a general judgment; and we may affirm a general judgment on any theory supported by the evidence. Piles v. Gosman, 851 N.E.2d 1009, 1012 (Ind. Ct. App. 2006). That said, we are mindful of our Supreme Court’s observation that “the legal process must invite, not inhibit, the presentation of new and creative argument to enable the law to grow and evolve”; and that in reviewing an award of statutory attorney fees, we “must leave breathing room for zealous advocacy and access to the court to vindicate rights,” and “be sensitive to these considerations and view claims of frivolous, unreasonable, or groundless claims or defenses with suspicion.” Mitchell v. Mitchell, 695 N.E.2d 920, 925 (Ind. 1998) (internal citations omitted).
We acknowledge that the record may include some questionable litigation tactics that might support the trial court’s exercise of its discretion to award attorney fees. However, our review in that regard is impaired by the fact that the order appealed does not provide us with any insight as to the trial court’s reason for the award of attorney fees in this case, i.e., what the trial court found to be frivolous, unreasonable, and bad faith conduct. Accordingly, we remand to the trial court for further consideration and explanation of its judgment in that regard. See Carmichael v. Siegel, 754 N.E.2d 619, 638 (Ind. Ct. App. 2001).
Reversed and remanded.
FRIEDLANDER, J., and BARNES, J., concur.