O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)

Citation: O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)
Parent Document: O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)
Jurisdiction: Kentucky (state)
Effective Date: 2011-10-07
Original Source: https://www.courtlistener.com/opinion/5281692/orourke-v-lexington-real-estate-co/ ↗

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We have not overlooked Batson v. Clark, 980 S.W.2d 566 (Ky.App.1998), in which this Court correctly noted that attorney’s fees are not ordinarily allowable as costs in the absence of a statute or an *587express contract provision. However, the Batson Court went on to recognize an indistinct trial court discretion based on equity and particular circumstance. In this case, however, we need not explore the contours of whatever discretion there may be, for the General Assembly has spoken clearly to the issue in KRS 383.570 and KRS 383.660(3). With respect to rental agreements, there can be no attorney’s fees contract provision, for it is forbidden in KRS 383.570. In view of the statutory enactments cited and quoted herein, we see no room for trial court discretion in this arena except as provided in KRS 383.660(3). The limited exception found in KRS 383.660(3) reflects the will of the General Assembly, and we discern no discretionary authority vested in the Court of Justice to go beyond what the Legislature plainly said.

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