Andrew J. Andrist and Douglas S. Stanhope v. Stephen P. Spleen

This case illustrates the exception to a rule. The defendants appeal an order awarding them attorney’s fees, but limiting the amount to the $100 bond posted by the plaintiff for an ex parte temporary injunction. They argue the trial court erred in limiting the award because they did not have notice of the hearing at which the trial court determined the amount, and they diligently sought relief from the injunction. We agree and reverse.

The case arose from the plaintiffs concern that he would be defamed by the defendants as part of their comedy act. The plaintiff filed an emergency ex parte…