Bourne Law Office v. KLB Realty
Case Caption: The Bourne Law Office, PLLC v. KLB Realty LLCCase Number: SCT-Civ-2025-0008Date: 09/17/2026Author: Form Field 41Cabret, Maria M. Citation: 2026 VI 20Summary: Considering a commercial tenant’s appeal from the Superior Court’s order granting certain attorney’s fees and costs to the appellee, its landlord, which the landlord incurred in connection with the tenant seeking Superior Court review of the Magistrate Division’s order in a forcible entry and detainer action granting restitution of certain premises to the landlord, the landlord is a “prevailing party” with respect to the Superior Court review, because that term is to be interpreted liberally and broadly, and the landlord achieved the benefit it sought in the review despite the tenant unilaterally dismissing such review before the Superior Court could render judgment, because in this review, the landlord sought the benefit of preserving the magistrate judge’s determination and regaining possession of the subject premises, and it achieved at least some of these benefits. In addition, the Superior Court’s grant of costs and fees was proper because it excluded work the landlord performed in the underlying forcible entry and detainer action, and the tenant’s argument that the Superior Court could not award fees for work that the landlord performed while defending against the tenant’s mandamus petition, which this Court granted in part in a previous opinion (2024 VI 31) is waived because it is unsupported by citation to the record or statutory or case law. The Superior Court’s order granting fees and costs to the landlord is affirmed.Attachment:
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