Barnhart v. City of Fayetteville
In Barnhart v. City of Fayetteville, 335 Ark. 57, 60, 977 S.W.2d 225, 226 (1998), the supreme court affirmed the trial court's denial on remand of appellant's request for additional attorney's fees, stating:
"The trial court rejected Barnhart's request for the additional attorney's fees, finding that our decision in Barnhart I established that the contract between the governmental entities was void and amounted to a rescission. As a result, the trial court held that, because there was no contract to be breached, the attorney's fees statute 16-22-308 did not apply. The trial court further stated that Barnhart's mere contention that her action "concerned a contract" did not make it an action on a contract or a breach of contract action entitling her to additional fees. We believe the trial court was correct."