Payne v. Donaldson

I dissent from the majority’s affirmance of this attorney-fee award. The $8,922.99 attorney fee awarded to appellee by the trial court is grossly disproportionate to the $500 that appellee recovered in this action. I cannot ignore the affidavit filed by appellee’s attorney in support of the renewed fee request reflecting $1,233.75 in fees related to the counterclaim upon which appellee actually prevailed.

I do not believe that a mere recital by the trial court that the Clvrisco factors were considered permits a meaningful review by our court. I would remand to the trial court for 11sit to set…