Contractual/Statutory Fee Deadlines And Other Principles Did Not Apply.
Lambert v. Francis, Case No. H041665 (6th Dist. Sept. 21, 2016) (unpublished) involved a long-standing case, with multiple appeals, between prevailing property purchasers and losing seller, with the seller eventually obtained equitable indemnity rights against dual brokers also sued in the overall case. After purchasers garnered $262,905.50 in costs and attorney’s fees as prevailing parties against seller, seller then sought to recover attorney’s fees against brokers under the “tort of another” doctrine. Seller won $195,008.32 in costs and attorney’s fees against the brokers, just about the full amount of the fee request.
Brokers’ challenges to the fee award did not resonate on appeal. Although raising procedural and substantive arguments premised on contractual/statutory fee awards, the appellate court observed that this case was different—costs and fees were sought as damages under the tort of another doctrine such that the deadlines and stay issues involving contractual/statutory fees did not apply in the tort of another “damages” context. With respect to the amount of the fees, the amount was not shocking given there were 3 mediations, 3 dozen depositions, 9 expert witnesses called to testify at trial, and 11 days of trial.