Dale Benz, Inc., Contractors, an Arizona Corporation v. American Casualty Company, of Reading, Pennsylvania

Appellee (hereinafter American) has filed a petition for rehearing in this case relating-to the award to Appellants (hereinafter Benz) by this Court on appeal the sum of $9,200.00 as attorneys’ fees for the proceedings in the trial court.

In considering this petition we believe it is important to remember that the trial court did not award attorneys’ fees to Benz. On appeal Benz argued that it was entitled to attorneys’ fees. The record disclosed that American stipulated that L. J. Cox, attorney for Benz, would testify that $9,200.00 was a reasonable sum for attorneys’ fees. American did not introduce any testimony on this matter. We awarded $9,200.00 as attorneys’ fees for the proceedings in the trial court.

Now American asserts that it was deprived of the opportunity to present any evidence on this matter, and the trial court was deprived of the opportunity to pass on the amount of attorneys’ fees. American was not deprived of the opportunity to present any evidence on this matter, but rather it stipulated that Cox would testify that $9,200.00 was a reasonable sum for attorneys’ fees. We do not understand how the trial court was deprived of the opportunity to pass on the…