SMS.ac v. Rowland
SMS.ac, Inc. (SMS.ac) appeals from an order granting Sean Rowland attorney fees after it dismissed its action against him for breach of contract, misappropriation of trade secrets and defamation, and the judgment thereon. It contends that the attorney fee provision in its underlying contract with Rowland authorizes a recovery of fees only in an action to "enforce, interpret or obtain a declaration of rights" thereunder and thus does not authorize the recovery of fees incurred in defending against tort causes of action. Court agree and reverse.
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