Chimneyhill Condominium Association v. King Chow

The defendant appealed to circuit court following a judgment against it in general sessions court. The plaintiff filed no notice of appeal, but amended its complaint to allege an additional claim. The plaintiff later filed a motion for partial summary judgment seeking an award of attorney’s fees. Eventually, the defendant dismissed its appeal and asked that the general sessions court judgment be affirmed. The trial court affirmed the previous judgment from the general sessions court, but also granted the plaintiff an additional judgment for attorney’s fees and discretionary costs. The defendant appeals the award of attorney’s fees and discretionary costs. We reverse the trial court’s decision to award the plaintiff attorney’s fees, but affirm the award of discretionary costs.