Newell v. Weston

*373ARMSTRONG, J.

Defendant Weston petitions for an award of attorney fees based on his lease agreement with plaintiff. He contends that he is entitled to fees because he prevailed on plaintiff’s cross-appeal, in which plaintiff unsuccessfully attempted to overturn the trial court’s decision that plaintiff could not recover damages from defendant for a breach of the lease. Plaintiff contends that defendant is not entitled to an award of fees, because plaintiff prevailed on the appeal, and, as a result, judgment ultimately will be entered in his favor. We allow defendant’s petition in the amount of…