Falkner v. Stubbs, Jr.

John Stubbs, Jr., d/b/a Mississippi Polysteel Stubbs was awarded damages for breach of contract after he sued Martin and Valerie Falkner to enforce a construction lien on their home. The Court of Appeals affirmed the circuit court’s judgment, but reversed its award of attorney’s fees and prejudgment interest, finding that Stubbs’s recovery was based in quantum meruit and thus, attorney’s fees and prejudgment interest were unavailable remedies. Stubbs petitioned for certiorari, arguing that the Court of Appeals failed to consider various statutory grounds for an award of attorney’s fees and prejudgment interest and requested that the Supreme Court reinstate the circuit court’s award. Upon review, the Court found the statutes Stubbs raised were an insufficient basis for an award of either prejudgment interest or attorney’s fees in this case and affirmed the Court of Appeals' decision. View "Falkner v. Stubbs, Jr." on Justia Law