McMillan v. Ryan Jackson Properties, LLC

HUNTER, Robert C., Judge.

Thomas G. McMillan, Jr. and Shawn De’Lace Hendrix (“plaintiffs”) appeal the order awarding defendant Collins & Galyon General Contractors, Inc. (“C&G”) attorneys’ fees. On appeal, plaintiffs, argue: (1) the trial court erred by concluding that the action was brought without reasonable cause; and (2) the trial court abused its discretion by awarding attorneys’ fees.

After careful review, we affirm the trial court’s conclusion that the derivative action was brought without reasonable cause, but remand for redetermination as to how much of the attorneys’ fees were…