Nunes v. Meadowbrook Dev. Co.
Annotate this CaseThis case involved an alleged easement on plaintiffs' property used by defendant development company. Plaintiffs sued for injunctive relief, alleging that defendant had violated the warranty covenants in the deed that conveyed the property in dispute from defendant to plaintiffs. The trial court ruled that the easement was valid. The Supreme Court reversed and remanded. On remand, plaintiffs filed a motion for an award of attorneys' fees, damages and costs. The superior court granted defendant's motion for summary judgment, finding that plaintiffs were not entitled to an award of attorneys' fees for the successful defense of title under a general warranty deed. The Supreme Court affirmed, finding that warranty covenants do not entitle the grantee to recover attorneys' fees from the grantor for a successful defense of title even where it is the grantor who attacks the title.
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