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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 408

Citation
Section 408
Parent Document
J & M Securities, LLC v. Brown, 388 S.W.3d 566 (2012)
Jurisdiction
Missouri (state)
Effective Date
2012-12-11

Full Text

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This court reviews the trial court’s failure to award attorney’s fees for an abuse of discretion. Schottel-Lehde v. Schottel, 75 S.W.3d 359, 365 (Mo.App. W.D.2002). The circuit court is deemed an expert at fashioning an award of attorneys’ fees and may do so at its discretion. Western Blue Print Co., LLC v. Roberts, 367 S.W.3d 7, 23 (Mo. banc 2012). A trial court abuses its discretion when its decision is so clearly against the logic of the circumstances and so arbitrary and unreasonable as to shock one’s sense of justice. Schottel, 75 S.W.3d at 365. While in most circumstances the trial court is granted broad discretion to award attorney’s fees, if a claim for attorney’s fees is made under a provision of the contract, the trial court must comply with the terms set forth therein. Id.