Rose Garden Assocs. Danville v. ResMex Partners
ResMex Partners, LLC (ResMex) appeals from an order awarding attorney fees to Rose Garden Associates, LLC (Rose Garden). After ResMex repeatedly failed to pay rent due under a lease from Rose Garden, the parties negotiated an agreement under which ResMex would vacate the premises, pay the back rent, and transfer certain items to Rose Garden. ResMex vacated by the date specified but failed to pay the rent due or to immediately transfer many of the items it had agreed to transfer. Rose Garden sued ResMex for breach of contract, seeking the unpaid rent and specific performance, and obtained writs of attachment with which it successfully attached several ResMex bank accounts. Eventually the parties stipulated to a release of the bulk of the funds that were being held by the sheriff to Rose Garden and agreed that this amount represented the full amount owed under the lease. Rose Garden then moved for attorney fees as provided in the settlement agreement, as did ResMex. The trial court found that Rose Garden was the prevailing party and awarded $83,153 in attorney fees. ResMex appeals from that order. Although its arguments are not entirely coherent, its main contentions are that the attorney fee motion was premature and that the trial court erred in determining that Rose Garden was the prevailing party. We find no merit to these contentions and therefore shall affirm.
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