Randy Poole v. Darin Davis

ON THE BRIEFS

HORTON, Justice.

Randy and Trudi Poole filed an action against Darin Davis, dba Darin Davis Construction (Davis), alleging breach of contract, breach of warranty, and fraud. Davis counterclaimed for breach of contract, unjust enrichment, and promissory estoppel. The jury found that the Pooles had prevailed only on the fraud claim and that Davis had not proved any of his counterclaims. The district court entered judgment in favor of the Pooles for $65,331 in damages on the fraud claim. The Pooles moved for attorney fees and costs, claiming that as the prevailing party in a dispute…