Hess Construction Co. v. Board of Education

CATHELL, Judge.

Appellant, Hess Construction Company (Hess), appeals from a judgment in favor of appellee, the Board of Education of Prince George’s County (the Board). The Circuit Court for Prince George’s County (Spellbring, Jr., J. presiding), in granting appellant’s petition for a writ of mandamus, ultimately declined to include appellant’s attorney’s fees as damages. We rephrase the question presented to us as:

Whether the trial court erred in not assessing appellant’s attorney’s fees against appellee under either (1) the provisions of Md.Rule BE44 or (2) the “collateral litigation” rule.

Fa…