Fletcher Hill, Inc. v. Crosbie

Dooley, J.,

¶ 21. dissenting. Noting that the jury could have awarded more relief to defendant than it did, the trial court apparently felt that it would do rough justice by refusing to award attorney’s fees to either party and by reducing plaintiff’s interest recovery rate by half. If the attorney’s fees issue involved only a matter of discretion in the trial court, I would affirm for the reasons stated by the trial judge and the majority. It is not, however, a matter solely of discretion, and the decision is contrary to the clear law governing this issue. Similarly, the trial court’s…