Robertson v. Sapir
Richard Sapir and Farid Sapir appeal a postjudgment order awarding $212,685 in attorney fees to counsel for Jennifer Robertson, Tiffany Albert, and Rae Nicole Zamora after a jury trial. Richard Sapir and Farid Sapir contend there is no contractual basis for a fee award because no signed lease was admitted in evidence at trial, and any contractual right to recover attorney fees does not encompass fees incurred to prosecute tort claims. They also challenge the fee award on other grounds.[1]
We conclude that the evidence supports the trial court's implied finding that Richard Sapir was a party to a written lease with an attorney fee provision, but Farid Sapir was not a party to the lease and is not liable for attorney fees. We also conclude that the failure to apportion fees between the claims against Brian Sapir and those against the other defendants was error. We therefore will reverse the order with directions.
Comments on Robertson v. Sapir