Appeals (Attorney Fees): WILSON V. LAWHORN FORD SALES, INC. (COA; 6/9/2006)

WILSON V. LAWHORN FORD SALES, INC.
APPEALS:  Indispensable parties to appeal (attorney; attorney fees)
2005-CA-000821
PUBLISHED 
DATE:  6/9/2006

In this odometer fraud case, the CA held that the trial court erred in failing to award the successful plaintiff his filing fee costs, but not so in reducing an attorney fees award.  Though such are recoverable in odometer fraud cases, the plaintiff failed to name the attorney as a party to the appeal.  Attorneys are to be named as a party on appeal only if the attorney is awarded fees directly in his or her own favor.  The CA read the record and found the trial court’s intent was to award the fees directly to the attorney, not to the plaintiff.  As the attorney was found to be an indispensable party not named in the notice of appeal, the defendant’s motion to dismiss as to the attorney fees portion of the appeal was granted.

Digested, Cherry Henault