Goellner v. Kemp

The appellants challenge the trial court’s failure to award them damages in this breach of contract action. They also contend that the trial court erred in failing to award them attorney’s fees and costs. We agree that the appellants should have been awarded damages after the trial court determined that the appellees had breached the parties’ mortgage agreement. Accordingly, we remand to the trial court with directions that it enter a money judgment for the appellants based on the evidence presented at trial.

We also reverse the trial court’s denial of fees and costs. In view of this…