Narrative Opinion Summary
The trial court's order denying the appellant attorney's fees is reversed, and the case is remanded for an award of those fees. The contract between the parties stipulated that the prevailing party in litigation would be entitled to attorney’s fees. The appellant successfully defended against count I of the appellee’s complaint, which was based on the contractual agreement. Judges Anstead, Glickstein, and Walden concur with this decision.
Legal Issues Addressed
Entitlement to Attorney's Fees under Contractual Agreementsubscribe to see similar legal issues
Application: The court reversed the denial of attorney's fees based on a contractual stipulation that the prevailing party is entitled to such fees, as the appellant successfully defended against a claim.
Reasoning: The contract between the parties stipulated that the prevailing party in litigation would be entitled to attorney’s fees.
Reversal of Trial Court's Ordersubscribe to see similar legal issues
Application: The appellate court reversed the trial court's order denying attorney's fees, emphasizing the contractual right of the prevailing party to receive such fees.
Reasoning: The trial court's order denying the appellant attorney's fees is reversed, and the case is remanded for an award of those fees.