Narrative Opinion Summary
The petition for writ of certiorari is granted, and the order from the circuit court awarding attorneys' fees to Beers Insurance Agency, Inc. is quashed. Beers appealed from a ruling by the county court regarding a promissory note against Feldman-Gale Insurance Agency, Inc. The circuit court had reversed the county court's judgment and ordered a new trial, subsequently awarding Beers appellate attorneys' fees based on a "prevailing party" clause in their agreement. Feldman-Gale contended that this award was premature, as the new trial did not determine Beers as a "prevailing party" in the action concerning the note. Beers acknowledged that it lacked a good faith basis to contest Feldman-Gale's argument. Consequently, the court quashed the attorneys' fee award, pending further proceedings in the county court. Judges Stone and Klein concurred.
Legal Issues Addressed
Acknowledgment of Lack of Good Faith Basissubscribe to see similar legal issues
Application: Beers Insurance Agency, Inc. conceded its lack of a good faith basis to oppose Feldman-Gale's argument against the attorneys' fee award.
Reasoning: Beers acknowledged that it lacked a good faith basis to contest Feldman-Gale's argument.
Award of Attorneys' Fees and Prevailing Party Clausesubscribe to see similar legal issues
Application: The court quashed the award of appellate attorneys' fees to Beers Insurance Agency, Inc., as the determination of the prevailing party was premature due to the pending new trial.
Reasoning: Feldman-Gale contended that this award was premature, as the new trial did not determine Beers as a 'prevailing party' in the action concerning the note.
Certiorari Jurisdiction and Quashing Orderssubscribe to see similar legal issues
Application: The court exercised its certiorari jurisdiction to quash the circuit court's order that awarded attorneys' fees, finding that the award was not appropriate under the current circumstances.
Reasoning: The petition for writ of certiorari is granted, and the order from the circuit court awarding attorneys' fees to Beers Insurance Agency, Inc. is quashed.