Thomas Klun and Joseph Klun, Jr., Plaintiffs-Appellees v. Michael Klun, Defendant-Appellant and Concerning, Bill…

Summary

The court held that a settlement agreement's fee-shifting provision applied to plaintiffs' claims because, in substance, those claims sought to enforce their asserted interpretation of the agreement, even though they were styled as claims for declaratory, injunctive, conversion, and trespass relief. Because defendant prevailed on all claims, he was entitled to reasonable attorney fees incurred at trial and on appeal. The court reversed the denial of fees and remanded for determination of the amount.