TSC: Prevailing Party Entitled to Contractually Agreed-Upon Attorney’s Fees - Articles

All Content


Posted by: Katharine Heriges on May 23, 2017
The Tennessee Supreme Court has reversed a decision of the Court of Appeals, which declined to award attorney’s fees on appeal in a post-divorce proceeding. In a divorce case, the husband and wife agreed to a provision that would award attorney’s fees to the prevailing party in any subsequent legal proceedings. A trial court awarded the wife, as the prevailing party, the attorney’s fees she requested, but the Court of Appeals declined to award fees for the appeal. In a unanimous opinion, the Supreme Court found that the Court of Appeals must apply standard rules regarding contractual interpretation and enforcement.
Attachments: