Fitch v. Sam Tanksley Trucking Co.

I dissent.

When intermixed with Rules of Appellate Procedure and judicial pronouncements, an attorney fee to be awarded Fitch is on a merry-go-round.

A. The trial court’s findings are conclusive on appeal.

In the Statement of Proceedings defendant did not challenge any findings of the trial court. Defendant did not object to the amount of the trial court’s award of an attorney fee until questioned by the court during the time the judgment was presented to the trial court. Rule 9(m)(2) of the Rules of Appellate Procedure for civil cases provides in part:... If any finding is challenged, it must…