Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Ritchey

HOBSON, Acting Chief Judge.

Appellant Merrill Lynch, Pierce, Fenner and Smith, Inc. (Merrill Lynch) was plaintiff below in an action for rescission. Although Merrill Lynch was successful in obtaining rescission of a transaction between the parties, the trial court granted a setoff against appellant’s recovery in the amount of $3,969.23 for the purpose of paying ap-pellees’ attorney’s fees. Merrill Lynch appeals only that portion of the final judgment awarding the setoff for attorney’s fees.

Inasmuch as these parties are before us for the second time, a brief history is in order.1 Leroy and…