Hawk v. Branjes

A trial court retains jurisdiction following a plaintiff’s voluntary nonsuit under Civil Rule 41(a)(1)(B) to consider a defendant’s motion for attorneys’ fees under a statutory or contractual provision. And where, as here, a bilateral attorneys’ fee provision in a lease agreement provides for fees to the successful party in an action to enforce the terms of the lease, an award of reasonable fees is appropriate notwithstanding the definition of “prevailing party” in RCW 4.84.330.

FACTS

On January 23, 1998, Wilbert and Daisy Hawk filed a summons and complaint against Eric and Louann Branjes. The…