Moorhead v. Dodd

Opinion of the Court by

Justice SCOTT.

This appeal concerns a claim for appellate attorney fees pursuant to a contractual attorney fees clause. Although Appellant, Helen Moorhead, was awarded attorney fees in an earlier, related proceeding, she has subsequently incurred additional expense in litigating this matter, entitling her to further relief under the parties’ agreement. The Court of Appeals and the Jefferson Circuit Court (in separate proceedings in Division 2 and 5) concluded, however, that the claim was barred on the basis that it could have been raised in the earlier proceeding. We…