Asbury Automotive Used Car Center v. Brosh

ROBERT L. BROWN, Justice.

| Appellant Asbury Automotive Used Car Center (“Asbury”) appeals the order of the circuit court denying its motion for attorneys’ fees and costs pursuant to Arkansas Code Annotated section 16-22-308. We agree with Asbury that the contracts do not control this issue and that fees and costs should be considered by the court under section 16-22-308. Accordingly, we reverse and remand for further proceedings.

The facts leading up to this matter are set out in the opinion following the first appeal of this case. See Asbury Auto. Used Car Ctr., L.L.C. v. Brosh, 364 Ark. 386,…