Fogh v. McRill

I concur with the majority opinion except in regard to the third assignment of error. In that regard, plaintiff contends, “The trial court erred by awarding motel expenses to [defendant] because such damages constitute an impermissible ‘double recovery’ by [him].” She explains that after the restraining order was issued prohibiting defendant from residing at the partnership property, he moved to a motel that cost him $45 per night. The trial court awarded judgment against plaintiff in the amount of $33,039, which included an award of $3,375 for the motel expenses. The trial court also awarded…