Watkins Co. v. Estate of Michael Storms
Annotate this CaseThe Watkins Company, LLC appealed the award of attorney fees to the Estate of Michael Storms (Storms) and Brownstone Companies, Inc. (Brownstone). Watkins brought this action in 2010 seeking a temporary restraining order (TRO) and damages resulting from a breach of contract. Watkins was granted a TRO which was secured by a $10,000 bond. Storms and Brownstone counterclaimed, seeking damages resulting from the TRO. After a seven day bench trial, Watkins was awarded $699.64 and Storms and Brownstone were awarded $17,015.88; however, Storms and Brownstone’s award was limited to the bond amount of $10,000. Storms and Brownstone requested that they be awarded attorney fees of $80,126.50. Following a hearing, the district court awarded Storms and Brownstone 90% of their requested attorney fees, finding that 10% of their attorney fees were incurred pursuing their counterclaim and were unrecoverable. Watkins argued on appeal that the district court’s finding that 90% of Storms and Brownstone’s attorney fees were attributable to defending the breach of contract claim was not supported by substantial and competent evidence. Finding no reversible error, the Supreme Court affirmed.
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