Fees as Damages: Copenbarger Opinion Now Published—Deals With Attorney’s Fees As Damages And How To Properly Authenticate Them At Trial

October 19, 2018 Unpublished Decision Now Published.

            On October 20, 2018, we posted on the then unpublished decision in Copenbarger v. Morris Cerullo World Evangelism, Inc., which was authored by Justice Fybel of the 4/3 DCA. It dealt with whether breach of a settlement agreement fees were recoverable as damages versus costs (they were recoverable as damages) and with how to competently prove the fees from an evidentiary standpoint during trial (with the judgment reversed because no proper foundation was laid).   We can now report that the unpublished decision was certified for publication on November 13, 2018.