Gerstbauer v. Styers

I agree with the majority that the trial court should not have determined Gerst-bauer’s attorney fees by looking only to the amount of the judgment. However, the majority’s decision to award fees based solely on evidence presented by Gerst-bauer’s opponent amounts to an improper reweighing of the evidence that was before the trial court. I would remand so the trial court could properly recalculate attorney fees based on its analysis of the evidence before it in light of the legal standards the majority has articulated.

This court may in certain situations direct final judgment without new…