Legal Opinion
Reuille v. E.E. Brandenberger Construction, Inc.
Indiana Supreme Court
Decided June 24, 2008No. 02S04-0803-CV-124PublishedCited by 62 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
The parties in this case entered into a construction contract providing that in the event of a legal dispute, the prevailing party would be entitled to reasonable costs and expenses, including attorney fees. The term “prevailing party” was not defined. We hold that in the absence of further definition, such a contract produces fees only when one party or the other wins a judgment.
Facts and Procedural History
In 1997, Kirk Reuille and E.E. Branden-berger Construction, Inc. entered into an agreement for the construction of a new home. The contract contained the following…
2Cases cited7 opinions
- First Federal Savings Bank of Indiana v. Key Markets, Inc.Indiana Supreme Court · 1990
- Indiana State Board of Public Welfare v. Tioga Pines Living Center, Inc.Indiana Supreme Court · 1993
- State Ex Rel. Prosser v. Indiana Waste Systems, Inc.Indiana Court of Appeals · 1992
- Marriage of McMahon v. McMahonIndiana Court of Appeals · 2004
- Heritage House of Salem, Inc. v. BaileyIndiana Court of Appeals · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- RLI Insurance Company v. Conseco, Inc.Court of Appeals for the Seventh Circuit · 2008
- Johnson v. JohnsonIndiana Supreme Court · 2010
- Celadon Trucking Services, Inc. v. Charles Wilmoth and Kent Vassey, on behalf of themselves and all others similarly situatedIndiana Court of Appeals · 2017
- Med. Protective Co. of Fort Wayne v. Am. Int'l Specialty Lines Ins. Co.Court of Appeals for the Seventh Circuit · 2018
- Rain v. Rolls-Royce Corp.Court of Appeals for the Seventh Circuit · 2010
57 more not listed; retrieve them via the Exa API.