Arguelles v. Kaplan

I respectfully dissent. The majority and I agree that an award of attorney fees to appellee is mandatory. The majority would reverse that part of the judgment that denies attorney fees and remand for another trial on that issue with ultimately a possible second appeal.

The amount of appellee’s reasonable and necessary attorney’s fees was proved and was not challenged at trial. The amount is undisputed here on appeal: $6,014.21. “[Wjhere the testimony of a witness, even an interested one, is clear, direct, positive, and uncontradicted by any other witness or attendant circumstances, it is taken…