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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

St. Louis County v. Taylor-Morley, Inc., 923 S.W.2d 507 (1996)

Citation
St. Louis County v. Taylor-Morley, Inc., 923 S.W.2d 507 (1996)
Parent Document
St. Louis County v. Taylor-Morley, Inc., 923 S.W.2d 507 (1996)
Jurisdiction
Missouri (state)
Effective Date
1996-06-04

Full Text

770 chars
Here, no statute or contractual agreement exists authorizing an award of attorney’s fees. The only question is whether the action involves either special circumstances or collateral litigation which justify an award of attorney’s fees to Green. Attorney’s fees may be allowed in cases where they are incurred because of involvement in collateral litigation. Adams v. Kerr, 655 S.W.2d 49, 54 (Mo.App.1983). To be awarded attorney’s fees incurred as a result of collateral litigation, the wronged party must show that the litigation was the natural and proximate result of the wrong or breach of duty by the other party, that the fees were necessarily and in good faith incurred to protect the wronged party from injury, and that the amount of the fees was reasonable. Id.