Rossa v. D.L. Falk Construction
Yet again, we confront an appeal contesting the attorneys fees awarded a litigant. Not the right to the fees, which is conceded. Only the reasonableness of the amount, which is not. The issue arises in a lawsuit arising out of a private contract for the building of a home, in which plaintiffs prevailed against the appealing defendant on one of five causes of action, obtaining a verdict for $100,000less than one-sixth of what plaintiffs originally sought. With little explanation, and no analysis, the trial court awarded plaintiffs over $681,000 in fees and costs, despite that plaintiffs motion was accompanied by no attorney timesheets or any other detailed record. The award included over $132,000 in expert witness fees, likewise supported by almost nothing. Court conclude that the amount awarded was an abuse of discretion. Court thus reverse, and remand for the trial court to make an appropriate award supported by the law and the record.
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