Smith v. Hardeman

Phipps, Judge.

The dealer selling Francis and Marvin Smith’s motor home on consignment took the purchaser’s payment but never paid the Smiths. The Smiths then sued the dealer, its employees, and the purchaser, Garnett Hardeman. The trial court granted summary judgment to Hardeman and also awarded him $14,226 in damages for his attorney fees. Following her husband’s death, Francis Smith appeals. We find no error as to the grant of summary judgment, but vacate the award of fees because no showing or finding was made that the amount asked for was reasonable. We therefore affirm in part, vacate in…