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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)

Citation
BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Parent Document
BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Jurisdiction
DC (municipal)
Effective Date
2009-11-19

Other Sections in This Document (111)

Full Text

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BSA sought legal fees and costs from all of the plaintiffs/appellees, including Sabrina Lymore, on the basis of the fee-shifting provision in their contracts with the tenants. That provision stated: “In any action or proceeding involving a dispute between the Purchaser and the Seller arising out of this Contract, the prevailing party will be entitled to receive from the other party reasonable attorney’s fees to be determined by the court or arbitrator(s).” The trial judge denied BSA’s motion for an award of costs and attorneys’ fees, without detailed reasons underlying his use of discretion. His order states, “The Court finds defendants [BSA] are not the prevailing party pursuant to D.C. Superior Court Rule of Civil Procedure 54.” In addressing this issue, we are guided by the principle that the grant or denial of attorneys’ fees is entrusted to the sound discretion of the trial judge. See Maybin v. Stewart, 885 A.2d 284, 288 (D.C.2005).