Bayne v. Smith

OPINION BY

ORIE MELVIN, J.:

¶ 1 Appellants, James and Rose Bayne (Landlord), appeal from the trial court’s refusal to include attorney’s fees as part of the judgment entered against Appellee, Ashlee Smith (Tenant), in this Landlord/Tenant dispute. After review, we find the trial court erred in refusing to permit recovery of attorney’s fees and remand for further proceedings in accordance with this opinion.

¶ 2 The facts and procedural background of this matter may be summarized as follows. The parties entered into a written month-to-month residential lease for the premises located at 1079…