City of Cottleville v. St. Charles County

KATHIANNE KNAUP CRANE, Judge.

Respondents appeal from a judgment making permanent writs of prohibition and mandamus in which respondents were ordered to pay relator’s attorneys’ fees incurred in this action in the amount of $3,487.00. We reverse that part of the judgment awarding attorneys’ fees for the reason that the trial court erred in awarding the attorneys’ fees under the “collateral litigation” exception to American Rule because the fees awarded were not incurred in collateral litigation with a third party.

Relator, City of Cottleville [Cottleville] passed Ordinance No. 450 on May 4,…