Moritz v. Hoyt Enterprises, Inc.

OWEN, WILLIAM C., Jr., (Retired) Associate Judge

dissenting, in part:

The written contract between the parties provided that in the event of litigation arising therefrom the prevailing party would be entitled to recover attorney’s fees and costs from the other. By post-judgment order the trial court found appellee builder to be the prevailing party and awarded it attorneys fees and costs. Although the correctness of that ruling is presented by appellants as an issue — described by the majority opinion as “the most troubling”— my colleagues have affirmed without reference to what I believe to be…