Tipco Homes, Inc. v. Professional Service Indus., Inc.

By JUDGE THOMAS S. KENNY

This case is before the court on Defendant Professional Service Industries, Inc.’s (PSI) motion for an award of attorney’s fees and costs. The issue presented is whether such a motion based upon a contractual provision between the parties may be made at this point in the proceedings. More specifically, must such a request be made in a counterclaim or in a subsequent proceeding, or may it be made, as here, in a post-trial motion. After reviewing memoranda from counsel in both support and opposition, and from my own research, it is quite clear that this distinct issue…