Cross-Claims Did Not Implicate Escrow Agreement Fees Clause.
Mills Potoczak & Co. v. Habersham Funding LLC, Case No. C074955 (3d Dist. June 1, 2015) (unpublished) dealt with a fee-shifting clause in an escrow agreement by which a victor on certain tort cross-claims, serving as escrow agent, tried to get an appellate court to overturn a lower court denial of a fee request.
Didn’t get done on appeal. The cross-claims simply did not implicate the escrow agreement with the fees clause—they only related to indemnity for unrelated tort claims. So, the fee denial was affirmed.