Johnson v. Johnson CA5
This appeal involves an award of attorney fees in a dispute between siblings arising out of their real estate partnership. The partnership agreement stated the prevailing party was entitled to recover attorney fees “actually expended” if “litigation is instituted with respect to any matter regarding the covenants in this Agreement.” The trial court determined the sister, who won a defense verdict on three tort causes of action submitted to the jury, was the prevailing party and awarded her costs and approximately $135,000 in attorney fees. The brother appealed, arguing he was the prevailing party because the jury awarded him $12,822 on his breach of contract claim.
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