Estate of Smith v. Ware

Defendant, as the prevailing party in an action for fraud and unlawful trade practices, appeals from the trial court’s award of attorney fees. He contends that the court erred in determining that he could recover only those fees incurred in defending the unlawful trade practices claim that were not also necessary to the defense of the fraud claim. We reverse and remand.

Plaintiffs brought this action for damages resulting from an alleged misrepresentation regarding the existence of a septic tank on property that they purchased from defendant. Their complaint stated claims for fraud and…