Griffin v. First National Bank
In Griffin v. First National Bank, 318 Ark. 848, 888 S.W.2d 306 (1994), the issue was whether Arkansas Code Annotated section 16-22-308 limited the bank's right to an award of attorney's fees to those incurred at trial before the circuit court.
There, the agreement provided that the appellant would "pay all expenses, legal and/or otherwise (including court costs and attorney's fees, paid or incurred by said Bank in endeavoring to collect such indebtedness, obligations and liabilities, or any part thereof, and in enforcing this guaranty." 318 Ark. at 855, 888 S.W.2d at 310.
The supreme court held that the agreement was enforceable in accordance with its terms independent of the statute and, therefore, the bank was entitled to recover attorney's fees incurred in a related bankruptcy proceeding and upon appeal from the circuit court's judgment.