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BAYNE v. SMITH

No. 1463 MDA 2007.

965 A.2d 265 (2009)

James BAYNE and Rose Bayne, Appellants v. Ashlee SMITH, Appellee.

Superior Court of Pennsylvania.

Filed January 26, 2009.

Attorney(s) appearing for the Case

Charles E. Kurowski, Canonsburg, for appellant.

Jennifer L. Sinclair, Washington, for appellee.

BEFORE: FORD ELLIOTT, P.J., ORIE MELVIN, and SHOGAN, JJ.

OPINION BY ORIE MELVIN, J.:

¶ 1 Appellants, James and Rose Bayne (Landlord), appeal from the trial court's refusal to include attorney's fees as part of the judgment entered against Appellee, Ashlee Smith (Tenant), in this Landlord/Tenant dispute. After review, we find the trial court erred in refusing to permit recovery of attorney's fees and remand for further proceedings in accordance with this opinion.

¶ 2 The facts and procedural background...

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