Ricciardi v. Frink

Plaintiff Bob Frink Management, Inc., appeals from a Supplemental Judgment awarding defendant Lamar Loe 1 attorney fees following dismissal of Frink’s breach of contract and “breach of note” actions on grounds of “improper venue.” In particular, plaintiff asserts that the trial court erred in awarding defendant fees under a contractual prevailingparty provision where: (1) defendant obtained dismissal of the action by invoking an exclusive forum clause in the operative contract; but (2) defendant never expressly affirmed, by pleadings or otherwise, that he was a party to that contract. We…