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Justices take attorney fees case

September 26, 2011

The Indiana Supreme Court has granted transfer to a case involving the award of attorney fees to an Indiana town.

In R.L. Turner Corp. v. Town of Browsburg, No. 32S-1109-PL-573, the trial court dismissed R.L. Turner Corp.’s claims of tortious interference with a contractual relationship, quantum meruit, and breach of duty to a third-party beneficiary after Brownsburg allegedly interfered with a settlement agreement between R.L. Turner and the Brownsburg Municipal Building Corp. concerning a construction project.

The trial court’s judgment provided for “costs to be assessed” against R.L. Turner, but didn’t specifically mention attorney fees. Brownsburg later filed a petition seeking more than $27,000 in attorney fees and expenses, which the trial court granted.

The Indiana Court of Appeals affirmed, finding the trial court had the authority to award the fees and the record supported the finding that R.L. Turner’s claims were frivolous, unreasonable, or groundless.

The Supreme Court also declined to take five cases for the week ending Sept. 23.

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