Henn v. ULTRASMITH RACING, LLC

The issue presented in this appeal is whether the trial court erred in denying appellant’s motion for attorney’s fees after the trial court dismissed appellee’s case without prejudice. We find that appellant was entitled to attorney’s fees in this case, and we reverse.

Appellee sued appellant for a single count of breach of contract due to damage to a race car that appellant rented from appellee. After two years of litigation, appellee’s attorney moved to withdraw from the case. The trial court granted counsel’s motion to withdraw and set a mandatory status conference for October 15, 2009. The…