Horn v. Hoffman
An attorney filed a collection action against former clients. The clients asserted an affirmative defense and a cross-claim of fraud, alleging the attorney misrepresented his level of experience and expertise in real estate litigation involving property line disputes and engaged in fraudulent billing practices, which caused them substantial financial and emotional injury. A jury found the attorney committed fraud, but awarded no damages to the clients. The trial court denied the clients motion for a new trial on damages, as well as the attorneys motion for judgment notwithstanding the verdict on the contract claim. The court also denied the clients requests for attorney fees and costs on the ground neither party prevailed.
Court conclude the clients are entitled to a limited retrial on damages and, as prevailing parties, to an award of reasonable attorney fees and costs. Court also conclude the trial court did not err in excluding certain expert witness testimony, nor in denying the attorneys motion for judgment notwithstanding the verdict.
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