HAWK v. BRANJES

No. 42462-9-I.

986 P.2d 841 (1999)

97 Wash.App. 776

Wilbert HAWK and Daisy Hawk, Appellants, v. Eric BRANJES and Louann Branjes, husband and wife, and the marital community thereof, Respondents.

Court of Appeals of Washington, Division 1.

November 1, 1999.


Attorney(s) appearing for the Case

Jerry W. Bird, Bird & Percival, North Bend, for Appellants.

Christopher N. Weiss, Stoel Rives, LLP, Seattle, for Respondents.


GROSSE, J.

A trial court retains jurisdiction following a plaintiff's voluntary nonsuit under Civil Rule 41(a)(1)(B) to consider a defendant's motion for attorneys' fees under a statutory or contractual provision. And where, as here, a bilateral attorneys' fee provision in a lease agreement provides for fees to the successful party in an action to enforce the terms of the lease, an award of reasonable fees is appropriate...

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