KARESA RIVERA ET AL. v. WESTGATE RESORTS, LTD., L.P. ET AL. - Articles

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Posted by: Landry Butler on Apr 27, 2018

Court: TN Court of Appeals

Attorneys 1:

Gregory C. Logue and Robert L. Vance, Knoxville, Tennessee, for the appellant, Westgate Resorts, Ltd., L.P.

Attorneys 2:

John O. Belcher, Nashville, Tennessee, and Richard T. Wallace, Sevierville, Tennessee, for the appellees, Karesa Rivera and Gabriel Rivera.

Judge(s): FRIERSON

The plaintiffs accepted an offer of judgment from the defendant company, which included payment of the plaintiffs’ reasonable attorney’s fees and expenses in an amount to be determined by the trial court. The trial court awarded attorney’s fees and expenses to the plaintiffs in the amount of $56,423.24, expressly determining such amount to be reasonable. The defendant company has appealed. Inasmuch as the trial court failed to consider the factors listed in Tennessee Supreme Court Rule 8, Rule of Professional Conduct 1.5 (“RPC 1.5”) when making its determination regarding a reasonable award of attorney’s fees, we vacate the trial court’s fee award and remand this matter for further proceedings concerning this issue. We accordingly decline to award fees to the plaintiffs on appeal.

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