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Contract: Pre-Judgment Interest – Attorney Fees – Lease Agreement
Geri Dreiling//December 12, 2012
(1)Where a written lease contract stated that the landlord was entitled to 18 percent interest on unpaid amounts, the trial court erred when it failed to award that amount from the date the renter moved out.
(2) Where a written lease contract stated that “unless a party is seeking exemplary, punitive, sentimental, or personal-injury damages, the prevailing party may recover from the non-prevailing party attorney’s fees and all other litigation costs,” the language made the award of attorneys fees conditional not definite and the trial court did not abuse its discretion in refusing to award attorneys fees.
Judgment is affirmed as modified and remanded.
J&M Securities LLC v. Brown (MLW No. 64446/ED97242 – 7 pages) (Missouri Court of Appeals, Eastern District, Dowd, J.) Appealed from circuit court, St. Louis County, Farragut-Hemphill, J. (Benjamin J. Sansone, Clayton, for appellant) (Pro se respondent).
Read the full text of this opinion. (PDF)
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