Logosz v. Childers

McFADDEN, Judge, pro tem.

The sole issue on appeal is whether the trial court erred by awarding attorney fees in the sum of $680.00 to appellants, Wayne and Mary Childers, rather than the $5,725.00 they sought. We reverse and remand.

Louis Logosz instituted an action to recover a real estate commission allegedly due him pursuant to a brokerage agreement. The Childers answered and counterclaimed, alleging breach of fiduciary duty. The Childers also filed a third-party complaint against the potential purchasers who had failed to consummate the sale. Three summary judgment motions and a motion in…