Hertz v. Riebe

A prevailing party is entitled to attorney fees if fees are authorized by contract, statute, or a recognized equitable ground. Seattle-First Nat’l Bank v. Siebol, 64 Wn. App. 401, 409, 824 P.2d 1252, review denied, 119 Wn.2d 1010 (1992); RCW 4.84.330. Donald and Lee Hertz sued Howard and Norma Riebe to rescind an earnest money agreement. They prevailed. The Riebes sued the Hertzes for rent and other damages owed by the Hertzes as a result of their preclosing occupancy of two apartments. The Riebes prevailed. The question here is who, if either, is the prevailing party and therefore entitled…