Lowery v. Roper

Ellington, Judge.

After a Cherokee County jury awarded damages and attorney fees to Sonny and Sue Roper in this property damage case, John Lowery, Jr., filed a motion for judgment notwithstanding the verdict (“j.n.o.v.”). Lowery contended that the trial court erred when it denied his motion for a directed verdict on the issue of attorney fees, because the Ropers were not entitled to attorney fees as a matter of law. The trial court denied Lowery’s motion for j.n.o.v., and Lowery appeals. For the following reasons, we reverse the trial court’s order to the extent that it ordered Lowery to pay…