Simas Floor Co. v. Tysen
Simas Floor Co. v. Tysen
Opinion of the Court
This is an appeal from a judgment in a contract dispute. The sole issue presented is whether the district court committed reversible error in awarding attorney’s fees to the defendant below, respondent Tysen. We conclude that the district court did not commit reversible error, and we therefore affirm the award of attorney’s fees.
Appellant (“Simas”), plaintiff below, filed a complaint against Tysen, alleging that Tysen had failed to pay Simas for certain services rendered by Simas. Simas specifically alleged that Tysen had agreed to pay $5,383.50 for these services, and prayed for judgment in this amount, with interest. Simas also alleged that it had suffered “special and general damages” in excess of $10,000, and prayed for judgment in that amount.
Tysen filed an answer and counterclaim in the lawsuit, and the matter proceeded to trial.
At trial, Simas presented evidence that the price for the services rendered to Tysen was $5,383.50. Simas presented no evidence, however, supporting the allegation of special and general damages. At the conclusion of trial, the district court entered judgment for Tysen on Simas’ complaint, and awarded Tysen $750 in attorney’s fees. The district court also entered judgment for Simas on Tysen’s counterclaim. This appeal followed.
Simas contends on appeal that under NRS 18.010(2)(c),
Although Peacock Jewelers, Inc. seemingly supports Simas’ position, Tysen contends that that decision should not control here, because Simas provided absolutely no support, in its
in reaching this conclusion, we express no opinion regarding the propriety of awarding attorney’s fees under NRS 18.010(2)(c) in other factual contexts. We hold only that under the circumstances of the case before us, Simas did not “seek” recovery in excess of $10,000 within the meaning of NRS 18.010(2)(c).
The judgment of the district court is affirmed.
That section provides that the court may make an allowance of attorney’s fees to the defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.
Reference
- Full Case Name
- SIMAS FLOOR CO., INC. v. DRUSILLA TYSEN, dba STRAWBERRY SHORTCAKE
- Cited By
- 1 case
- Status
- Published