Dickens

After plaintiff Honey Baked Hams, Inc. (HBH), voluntarily dismissed its action for unlawful detainer against defendant E. Robert Dickens, the trial court awarded the defendant his attorney fees pursuant to the express terms of the commercial lease between the parties. HBH appeals from the order, claiming the defendant may not recover attorney fees because HBH voluntarily dismissed the action. HBH further contends the fees awarded were excessive. We shall affirm.

There are few facts necessary for an understanding of this dispute. In March 1993, the defendant signed a commercial lease with HBH for space in a shopping center to operate a copying business. The attorney fees clause of the lease is contained in paragraph 23.7, which provides, “Cost of Suit. If Tenant or Landlord shall bring any action for any relief against the other . . . including any suit by Landlord for the recovery of rent or possession of the Premises, the losing party shall pay the successfid party a reasonable sum for attorneys’ fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.” (Italics added.) HBH…