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ASBURY AUTOMOTIVE USED CAR CENTER v. BROSH

No. 08-526.

314 S.W.3d 275 (2009)

2009 Ark. 111

ASBURY AUTOMOTIVE USED CAR CENTER, Appellant, v. Patric BROSH, Mark Lunsford, Mel Anderson, NCAS, LLC, and New Century Autosales Corp., Appellees.

Supreme Court of Arkansas.

March 5, 2009.

Attorney(s) appearing for the Case

Warner, Smith & Harris, PLC, Fort Smith, by: G. Alan Wooten and Stephanie Harper Easterling, for appellant.

Conner & Winters, LLP, Fayetteville, by: John R. Elrod, Todd P. Lewis, and Kerri E. Kobbeman, for appellees.

ROBERT L. BROWN, Justice.

Appellant Asbury Automotive Used Car Center ("Asbury") appeals the order of the circuit court denying its motion for attorneys' fees and costs pursuant to Arkansas Code Annotated section 16-22-308. We agree with Asbury that the contracts do not control this issue and that fees and costs should be considered by the court under section 16-22-308. Accordingly, we reverse and remand for further proceedings.

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