Phi Kappa Tau Housing Corp. v. Wengert

Summary

The Supreme Court of Arkansas addressed attorney's fees and litigation costs arising from a landlord-tenant dispute involving a fraternity house lease. The court held that the lease required recovery of all costs incurred in connection with the litigation, including deposition costs, and modified the judgment to award PKT its full requested costs of $2,907.19. The court affirmed the trial court's $3,500 attorney's-fee award.

Holdings

1. The lease's provision awarding the prevailing party "all costs incurred in connection with such action" required recovery of all costs incurred in connection with the litigation, without a separate reasonableness limitation. Because the undisputed costs totaled $2,907.19, PKT was entitled to that full amount, including the deposition costs.
2. The trial court did not abuse its discretion by awarding $3,500 in attorney's fees rather than the $51,525.50 requested.

Questions Presented

1. Whether the lease required PKT to receive all litigation costs incurred in connection with the action, including deposition costs, rather than only reasonable costs.
2. Whether the trial court abused its discretion by awarding the appellants $3,500 in attorney's fees instead of the $51,525.50 requested.

Disposition

affirmed