Touchdown Sportswear, Inc. v. Hickory Point Mall Co.

Plaintiff Touchdown Sportswear, Inc., d/b/a Coaches’ Corner Sporting Goods Store, Inc., a tenant, was awarded rent overpayment, interest, and costs by the circuit court of Macon County in a suit based upon the landlord’s breach of its lease. The lease entitled the prevailing party to recover attorney fees. Plaintiff prayed for attorney fees in its complaint, but failed to submit evidence or reserve the issue of fees. Within 19 days of the written judgment order, plaintiff filed a petition for attorney fees, and in the alternative, plaintiff moved to reopen the proofs. The trial court found…