Prevailing Party Is A Discretionary Determination Where No One Is A Clear Winner.
2845 Monterey Road, LLC v. Posada, Case No. H039053 (6th Dist. June 23, 2014) (unpublished) is a discretionary “prevailing party” determination under a landlord-tenant dispute with a lease having a fees clause. Ultimately, landlord seemed to prevail, but not by that much.
Both sides prevailed in varying degrees. However, the appellate court seemed to affirm somewhat of the lower court’s mathematical equation that tenant was responsible for 72.36% of damages, so be it for the same proportional share of the fees request. The lower court’s “prevailing party” determination was sustained especially based on contested facts.