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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)

Citation
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Parent Document
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-14

Other Sections in This Document (57)

Full Text

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*94¶ 45. Although the majority endorsed Union ofNeedletrades for its holding that the court must look to the degree of recovery, neither, the trial court nor the majority actually applied this standard. The trial court apparently believed that once it found that plaintiff did not recover 100% of its damages it had the “equitable powers” to deny attorney’s fees. The majority does not address the substance of the trial court decision; instead it discusses the equitable powers of the trial court. Apparently, it believes that general powers of equity can trump both a contractual and statutory right to fees. I agree that equity can in some circumstances create an additional power to award fees, see DJ Painting, Inc., 172 Vt. at 246, 776 A.2d at 419, but we have never held that equity can override a right to attorney’s fees granted by statute or by a contractual term.