Kelsey v. Metro Construction

David Kelsey appeals to this Court the trial court’s order denying his award of attorney’s fees, after having heard prior argument on this issue and having found that Kelsey was entitled to attorney’s fees. We reverse because Kelsey was the prevailing party below whose entitlement to attorney’s fees was well established.

Kelsey hired Metro Construction to perform foundation work on his house and a dispute arose. Metro then abandoned its work under the contract. Metro brought a claim for breach of contract and to foreclose a consti’uction lien. Kelsey counterclaimed.

The case proceeded to a…