TBA Law Blog

TBA Law Blog

Court Rejects Trial Court’s Calculation of Attorney Fees

Posted by: Stacey Shrader Joslin on Jun 27, 2022

The Tennessee Supreme Court unanimously voted yesterday to reverse a Davidson County trial court’s calculation of attorney fees. The trial court had sought to limit the award of attorneys fees to a homeowner who had sued a contractor over work she found to be unsatisfactory. The contractor had countersued alleging breach of contract and then amended his suit to increase the amount of damages being sought. The trial court dismissed the contractor’s suit and the homeowner sought attorneys fees. The court limited the fee to legal work done after the amended countersuit was filed. The Supreme Court reversed saying the legislature allowed attorneys fees to discourage frivolous claims. Because the amended countersuit contained the same breach of contract claim as the original, the court said the homeowner should be able to collect the full amount of fees allowed under law. Read more from the court or access the opinion.

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