Anderson

In this case, we hold the trial court has jurisdiction to award attorney fees authorized by contract to the prevailing party on appeal as part of its costs on appeal after remittitur has issued, despite the absence of specific direction to do so from the appellate court. We reverse a trial court order denying Stanley and Mary Anderson their posttrial appellate attorney fees and costs against Harbour Landing-Dolfann, Ltd. (Harbour Landing) after they successfully defended Harbour Landing’s appeal of a judgment in favor of the Andersons in a lease dispute. We remand to the trial court with instructions to award the attorney fees and costs on the original appeal and this appeal.

After a dispute arose over a rent adjustment in a ground lease, Harbour Landing, the lessee, sued the Andersons, the lessors, for declaratory relief. Section 1.81 of the lease provided: “In the event that either party is forced to file suit to enforce any of the provisions of this Lease, the prevailing party of such litigation shall be entitled to such reasonable attorney’s fees as determined by the Court and for all out-of-pocket costs associated with such litigation.” The Andersons prevailed at…