Ruffing v. Lincicome

SMITH, Judge.

Defendant, Sydney Lincicome, appeals the order of the trial court awarding him only $5,500 in attorney fees instead of the $11,704.50 he actually incurred in defense of plaintiffs’ claims. We affirm.

Plaintiffs’ claims against Lincicome were based on negligence, breach of contract, and third-party beneficiary theories. The case proceeded to trial and after the presentation of plaintiffs’ evidence, the court directed a verdict in favor of Lincicome who then requested that he be awarded his attorney fees. The court ordered that this issue would be decided on briefs and, sua sponte,…