Dewberry & Davis, Inc. v. C3NS, Inc.
Annotate this CaseIn this case the circuit court determined that Plaintiff, the prevailing party on both its claim for compensation under the contract and Defendant's counterclaim for Plaintiff's alleged breach of the contract, was entitled to only a nominal award of one dollar in attorneys' fees for its defense of the counterclaim because Defendant had a "good faith" basis for alleging the breach. The Supreme Court reversed the circuit court's judgment awarding one dollar in attorneys' fees and expenses to Plaintiff for its successful defense of Defendant's counterclaim and remanded the case for further proceedings to determine a proper award of attorneys' fees. Additionally, upon remand, the Court concluded Plaintiff may submit to the circuit court a claim for additional attorneys' fees, and the court shall award such fees and expenses it determines to be reasonable and necessary for the successful prosecution of this appeal and defense of Defendant's assignment of cross-error thereto.
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