Monday, January 26, 2009

Superior Court - JAMES BAYNE and ROSE BAYNE v. ASHLEE SMITH

JAMES BAYNE and ROSE BAYNE v. ASHLEE SMITH
No. 1755 WDA 2007 2009 PA Super 11 Atlantic: 965 A.2d 265 Filed: 1/26/2009

Appeal from the Judgment entered August 29, 2007
in the Court of Common Pleas of Washington County,
Civil Division, at No. 2006-9338.
Before: FORD ELLIOTT, P.J., ORIE MELVIN, and SHOGAN, JJ.
Opinion by: ORIE MELVIN, J.
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.
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