Falkner v. Stubbs

CHANDLER, Justice,

for the Court:

ON MOTION FOR REHEARING

ON WRIT OF CERTIORARI

¶ 1. John Stubbs’s motion for rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor.

¶ 2. Stubbs was awarded damages for breach of contract after he sued Martin and Valerie Falkner to enforce a construction lien on their home. The Court of Appeals affirmed the circuit court’s judgment, but reversed its award of attorney’s fees and prejudgment interest, finding that Stubbs’s recovery was based in quantum meruit and thus, attorney’s fees and prejudgment interest were…