Dalan/Jupiter, Inc. v. Draper & Kramer, Inc.

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

In law, as in life, missed opportunities can prove costly. Here, the question is whether the appellant’s failure to raise the issue of its entitlement to attorney fees and costs in a contract dispute in this court bars it from asking the trial court to award fees and costs provided for in the contract.

We hold the doctrine of res judicata bars the appellant’s claim for fees and costs. In the second issue in this consolidated appeal, we affirm the trial court’s award of attorney fees to the appellee for a discovery sanction, but modify…