Court Has No Discretion But To Award Contractual Attorneys Fees
09/22/09
In Missouri, attorneys’ fees generally are only recoverable when a statute specifically authorizes recovery or when attorneys’ fees are provided for by contract. Where a party’s claim to attorney fees is based upon a contract the court must adhere to the terms of the contract and may not go beyond it. Although the trial court is usually granted broad discretion in awarding attorneys’ fees, it has no discretion in complying with terms of attorneys’ fees made by contract. Supplemental Medical Services v. Medi Plex Health Care, ED91732 (Mo.App.E.D. September 22, 2009).Back to News
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