Sanson v. Brandywine Homes, Inc

In Sanson v. Brandywine Homes, Inc., 215 W.Va. 307, 215 W. Va. 307, 599 S.E.2d 730 (2004), the Court upheld an award of attorney's fees and costs which was granted in connection with a motion to enforce a settlement agreement. In Sanson, the purchasers of a manufactured home brought suit against the seller, Brandywine Homes, and the manufacturer, Skyline Corporation, alleging fraud, breach of contract, and breach of express and implied warranties. The purchasers and Skyline agreed to a settlement, but the purchasers subsequently claimed that their attorney was not authorized to accept the settlement proposal on their behalf. Skyline filed a motion to enforce the settlement agreement which the circuit court granted. On appeal, this Court stated that, "Having determined that a valid settlement agreement was made, we do not believe the circuit court abused its discretion by ordering the Sansons to pay Skyline's attorney's fees and costs incurred to enforce the settlement." Id., 215 W.Va. at --, 599 S.E.2d at 736.