Carter v. Cline (Majority)
Annotate this CasePlaintiffs filed suit against Defendant for breach of a real estate contract after Defendant was unable to acquire financing to purchase a home owned by Plaintiffs. Defendant filed a third-party complaint against his real estate agent and the agent's employer. A jury returned a verdict in the Clines' favor on the breach of contract claim and in favor of Defendant on the third-party negligence claim. The Supreme Court reversed the award to Plaintiffs, holding that there was no contract between the parties. On remand, the circuit court dismissed the complaint and third-party complaint. Thereafter, Defendant filed a motion for attorney's fees and costs based on a provision in the real estate contract. The trial court awarded Defendant fees and costs but at an amount significantly less than the amount Defendant had requested. The Supreme Court affirmed, holding (1) the circuit court's finding that Defendant was not entitled to recover fees and costs under the contract was consistent with the Court's holding in Carter I that there was no contract; and (2) the circuit court did not err in finding that Appellant was not entitled to recover fees and costs related to his third-party claim and those fees and costs associated with his attorney.
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