{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"aefc-inc-plaintiff","displayName":"AEFC, INC., Plaintiff-","totalCases":1},"cases":[{"caseId":"moappsd:sd36137:2020-12-16","opinionId":"06c16c9e-0871-55f8-9c44-189d8b94e9b7","slug":"aefc-inc-plaintiff-respondent-v-tammy-d-vietti-individually-and-vietti-en-d36137","caseName":"AEFC, INC., Plaintiff-Respondent\nv.\nTAMMY D. VIETTI, Individually, and VIETTI ENTERPRISES, LLC, Defendants-Appellants","caseNumber":"SD36137","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2020-12-16","year":2020,"display_summary":"AEFC, Inc. sued Vietti Enterprises, LLC and Tammy Vietti for common law fraud and breach of contract. A jury found for AEFC on the fraud claim, and the trial court subsequently awarded AEFC contractual attorney fees. On appeal, the Missouri Court of Appeals reversed the award of attorney fees, holding that such fees are not recoverable for common law fraud under the American Rule. The court further found that the contractual provisions for fees were unenforceable because the underlying contracts were terminated by a settlement agreement, and AEFC had abandoned its breach of contract claims at trial. The court affirmed the remainder of the judgment and remanded for an amended judgment.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","contracts","other","standard-of-review"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=170613","detailUrl":"https://ott.law/missouri-courts/opinions/aefc-inc-plaintiff-respondent-v-tammy-d-vietti-individually-and-vietti-en-d36137","relatedPracticeAreas":[{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":18,"source":"topic","evidence":["topic: contracts","text: llc","text: contract"],"url":"https://ott.law/practice-areas/corporate"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: civil-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"respondent"}]}