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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)

Citation
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Parent Document
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-14

Other Sections in This Document (57)

Full Text

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¶ 12. While the mandatory language of § 4007(c) requires an award of attorney’s fees to a substantially prevailing party, the ques*82tion of whether any party to a lawsuit substantially prevailed is left to the trial court’s discretion. See, e.g., De Witt v. Liberty Leasing Co., 499 P.2d 599, 601 (Alaska 1972) (“The determination of which party prevailed is committed to the discretion of the trial court and is reviewable on appeal only for abuse.”). While acknowledging that, “in terms of sheer dollars and cents,” plaintiff prevailed, the court did not “think the plaintiff substantially prevailed in this case. I think it was clearly a split decision.” The court further explained: