Ark. Code Ann. § 16-22-308

Section 16-22-308 permits a court to deny attorney’s fees to a prevailing party after considering the relevant circumstances.

Pepper Source, LTD. v. Ozone LLC · filed 2023-12-14

Due to this anomaly and the fact that the size of the restitution award has more to do with Ozone Solutions’ failure to offset damages than Pepper Source’s success on the merits of its claim, the Court will not award attorney’s fees despite concluding Pepper Source is the prevailing party.

Section 16-22-308 permits attorney’s fees in a specific-performance case.

Smith v. Orsbun · filed 2024-05-22

First, attorney’s fees are permissible in a specific-performance case. See Ark. Code Ann. § 16-22-308 (Repl. 1999); Childs v. Adams, 322 Ark. 424, 909 S.W.2d 641 (1995).

Section 16-22-308 permits a discretionary award of reasonable attorney’s fees to the prevailing party in a breach of contract action.

Carroll Electric Cooperative v. Alltel Corporation · filed 2024-10-03

As we affirm the district court’s grant of Alltel’s motion to dismiss, Alltel remains a prevailing party entitled to a discretionary award of its reasonable attorney’s fees.

Section 16-22-308 permits recovery of reasonable attorney’s fees in an action to recover on an open account or for breach of contract.

Recovery Logistics, Inc. v. CM Heavy Machinery, LLC · filed 2024-03-22

This breach-of-contract case involves Plaintiff’s attempts to recover on an open account, and thus Plaintiff may recover reasonable attorney’s fees incurred in collecting Defendant’s unpaid balance.

Section 16-22-308 permits a discretionary award of reasonable attorney’s fees to the prevailing party in a breach-of-contract action.

Cozart v. Logue · filed 2014-11-05

Thus, the award of attorney’s fees to Logue was allowable under the statute and within the discretion of the circuit court.

Section 16-22-308 permits recovery of reasonable attorneys’ fees and costs in a breach of contract action unless law or contract bars recovery.

Fleet Lease Exchange Co., Inc. v. GIG Logistics, Inc. · filed 2025-01-14

Unless otherwise barred by law or contract, Arkansas allows the recovery of reasonable attorneys’ fees and costs “[i]n any civil action to recover on an open account, statement of account, account stated, promissory note, bill, negotiable instrument, or contract relating to the purchase or sale of goods, wares, or merchandise, or for labor or services, or breach of contract.” Ark. Code Ann. § 16-22-308. The case at bar is for a breach of contract. Accordingly, Plaintiff may recover reasonable attorneys’ fees and costs incurred in dealing with this case.

Section 16-22-308 permits attorney’s fees when an action is based primarily in contract, even if it includes other claims.

Gerold v. Waller · filed 2026-03-18

When an action asserts a contract claim in addition to other bases for recovery, attorney’s fees may be awarded under Ark. Code Ann. § 16-22-308 when the action is based primarily in contract.

Section 16-22-308 permits attorney’s fees when the bulk of the litigation is in contract and the recipient prevails on a breach-of-contract claim or defense.

Bcr Contractors of Arkansas, LLC, D/B/A Best Choice Roofing of Central Arkansas v. Hall · filed 2026-04-22

A party may be awarded attorney’s fees in a breach-of-contract action pursuant to Ark. Code Ann. § 16-22-308 (Repl. 1999). BCR pursued its complaint for breach of contract. Hall included a counterclaim for breach of contract, and he defended against BCR’s breach-of-contract claim. Hall prevailed in his defense, and he was awarded his down payment on the roof as his breach-of-contract damages. This supports the award of attorney’s fees.

Section 16-22-308 permits reasonable attorney’s fees for a prevailing party in a breach-of-contract action; it does not authorize fees when there is no contract between the parties.

Connie Young, F/D/A Connie Jean Austin, and All Other Occupants of 94 Western Hills Circle, Greenbrier, Ar 72058 v. Dona · filed 2025-01-22

Although Ark. Code Ann. § 16-22-308 provides that the prevailing party in a breach-of-contract action may recover reasonable attorney’s fees, Connie notes that there was no allegation of any contract between the parties. Connie argues that because there is no statutory authority for awarding the attorney’s fees, the award of attorney’s fees must be reversed. We agree. ... Similarly, because there is no authority for awarding attorney’s fees in the instant case, the award of attorney’s fees is reversed.

Section 16-22-308 does not authorize attorney’s fees in an injunction case, even when the dispute arises from a contract.

McKisick v. Discovery Bay Colony Property Owners Association · filed 2026-04-08

In the present case, it is clear from Discovery Bay’s complaint that it sought injunctive relief only. ... We were clear in Cude that even when the underlying dispute arises from a contract, attorney’s fees are not recoverable in injunction cases. Therefore, we reverse the circuit court’s award of attorney’s fees.

Section 16-22-308 does not authorize attorney’s fees in tort actions such as deceit.

Stein v. Lukas · filed 1992-01-21

Nor did the circuit court err in refusing to award an attorney’s fee. Arkansas’ fee statute for civil actions does not embrace tort actions such as deceit.

Section 16-22-308 allows reasonable attorney's fees in certain contract actions but excludes tort actions such as conversion.

Mercedes-Benz Credit Corp. v. Morgan · filed 1993-04-05

Section 16-22-308 provides for a reasonable attorney's fee in certain civil actions, including breach of contract relating to the purchase or sale of goods, wares or merchandise. Tort actions are not included. See Stein v. Lukas, 308 Ark. 74, 823 S.W.2d 832 (1992). Here, Morgan's claim was based on the tort of conversion, not contract. Therefore, his request for attorney's fees should have been denied.

Section 16-22-308 does not authorize attorney’s fees when the prevailing party’s claim rests in tort.

Wheeler Motor Co., Inc. v. Roth · filed 1993-12-13

When the prevailing party’s claim is based in tort, an award of attorney’s fees cannot be justified under section 16-22-308. ... Because the jury gave appellees an award in the amount of the purchase price, it must have based its award on restitution for revocation. This rests in tort. The jury obviously found deceit which formed the basis of revocation and the restitutionary award. We cannot say the trial judge erred in declining to award attorney’s fees.

Section 16-22-308 permits attorney's fees in an action involving both contract and tort claims only when the action is based primarily in contract.

Meyer v. RIVERDALE HARBOR MUN. PROPERTY · filed 1997-06-18

However, we do not think it is sufficient to base a fee award under § 16-22-308 upon a finding that a contract claim is a "substantial issue." Where both contract and tort claims are advanced, an award of attorney's fees to the prevailing party is proper only when the action is based primarily in contract.

Section 16-22-308 does not authorize attorney’s fees incurred in litigating replevin or other tort claims.

Foster v. the Manhattan Group, LLC, D/B/A Foster Motor Company · filed 2023-12-06

The other two cases relied on by Sandra, Nef, supra, and Brown, supra, both reiterate that Ark. Code Ann. § 16-22-308 does not provide for the recovery of attorney’s fees in tort actions and recognize that McQuillen held that the aggrieved party was not entitled to an award of attorney’s fees for expenses incurred in litigating conversion and replevin claims, as opposed to the costs incurred in the recovery of the property itself. ... The only cause of action that TMG prevailed upon was for replevin—a tort—and not a cause of action for which there is statutory authority to award fees.

A request for fees under § 16-22-308 must be raised and ruled on in the trial court to be preserved for appeal.

Crockett & Brown, P.A. v. Courson · filed 1993-04-26

Concerning C & B's final point, it argues the trial court erred in failing to award it attorney's fees under Ark.Code Ann. § 16-22-308, since it prevailed in obtaining fees and costs under its July 5 contractual agreement with Courson. While C & B argues this issue on appeal, it simply failed to raise and obtain a ruling on this matter below. In a recent case where this court decided a similar request for attorney's fees on appeal, we held that the burden of obtaining a ruling from the court is on the attorney requesting such fees and the objections and matters left unresolved below are waived and may not be relied upon on appeal.

Section 16-22-308 authorizes attorney’s fees in contract enforcement actions, but a written agreement to pay fees is enforceable independently of the statute.

Griffin v. First Nat. Bank of Crossett · filed 1994-12-05

Here Griffin agreed with the Bank to pay all of the Bank’s attorney’s fees and expenses incurred by the Bank in collecting the Bearhouse debt and in enforcing Griffin’s guaranty. We hold now such an agreement is enforceable in accordance with its terms. This is independent of the statutory authorization providing for attorney’s fees under the circumstances covered by Ark. Code Ann. § 16-22-308 (1994).

Section 16-22-308 permits a prevailing party in a contract action to recover reasonable attorney’s fees.

Stilley v. James · filed 2001-11-29

We have expressly held that third-party beneficiaries are entitled to recover attorney’s fees under Ark. Code Ann. § 16-22-308.

Section 16-22-308 permits the prevailing party to recover a reasonable attorney fee in specified civil actions, including breach of contract actions, unless otherwise provided by law or contract.

Shelter Mutual Insurance v. Kennedy · filed 2001-12-06

Arkansas Code Annotated § 16-22-308 is a general statute providing for the recovery of attorney's fees in actions for breach of contract. ... After reviewing appellee's complaint, we conclude that appellee did not assert a cause of action which would entitle her to receive attorney's fees. Specifically, appellee was not seeking recovery based on a breach of contract claim, nor was she seeking to enforce the terms of an insurance policy, but rather appellee was seeking relief from a specific term in her insurance policy which permitted subrogation to appellant if appellee recovered from a tortfeasor. Because there is no statutory provision which would allow attorney fees under the facts presented in this case, we reverse the trial court's award of attorney's fees.

Section 16-22-308 permits a court to award reasonable attorney's fees to the prevailing party in a civil contract action, subject to the court's discretion.

First United Bank v. Phase II, Edgewater Addition Residential Property Owners Improvements District No. 1 · filed 2002-03-07

In awarding fees under Ark. Code Ann. § 16-22-308, the trial court has broad discretion on whether to award fees, and his decision will not be reversed absent an abuse of discretion.

Section 16-22-308 permits a prevailing party to recover a reasonable attorney’s fee in qualifying civil actions, including actions based primarily in contract.

Reed v. Smith Steel, Inc. · filed 2002-04-10

This statute does not provide for the recovery of attorney’s fees in tort actions. ... Where both contract and tort claims are advanced, an award of attorney’s fees to the prevailing party is proper only when the action is based primarily in contract. ... Accordingly, the circuit judge properly awarded attorney’s fees to appellee.

Section 16-22-308 permits reasonable attorney's fees for the prevailing party in specified civil actions, including actions for breach of contract or labor or services.

Jean-Pierre v. Plantation Homes of Crittenden County, Inc. · filed 2002-11-14

The statute on attorneys’ fees in certain civil actions is Ark. Code Ann. § 16-22-308 (Repl. 1999), which provides as follows: ... Because the trial court’s order here offered no statutory authority for awarding attorneys’ fees to Southwoods, and because that award was contrary to the general rule against awarding such fees in the absence of a statute or rule, we reverse that portion of the trial court’s order.

Section 16-22-308 permits a reasonable attorney’s fee for the prevailing party in certain civil actions, including breach of contract actions, and leaves the award to the trial judge’s discretion.

Vereen v. Hargrove · filed 2003-01-29

Arkansas Code Annotated section 16-22-308 (Repl. 1999), provides that a reasonable attorney’s fee may be awarded to the prevailing party in certain civil actions, including those for breach of contract. This statute permits an award of attorney’s fees in an action involving the breach of a lease. See Sunbelt Exploration Co. v. Stephens Prod. Co., 320 Ark. 298, 896 S.W.2d 867 (1995). Whether to award attorney’s fees under this statute is a matter within the trial judge’s discretion.

Section 16-22-308 makes attorney fee awards in contract actions discretionary and subject to abuse of discretion review.

General Trading v. Wal-Mart Stores · filed 2003-02-25

The statute is clearly not mandatory and the decision whether to award attorney fees in cases governed by section 16-22-308 is left to the sound discretion of the trial court. ... In these circumstances, we conclude the District Court did not abuse its discretion in denying GTI's request for attorney fees.

Section 16-22-308 allows the prevailing party to receive a reasonable attorney fee in a civil action to recover for breach of contract.

Curry v. Thornsberry · filed 2003-02-26

In the present case, there are allegations that appellees breached the implied warranty because the home’s foundation was defective due to the soil properties and sought damages in the amount of repairs made by appellants. Therefore, the present case was a contract action, providing the trial court with a basis to award fees under section 16-22-308.

Section 16-22-308 permits a reasonable attorney fee for the prevailing party in specified civil actions, including actions primarily based in contract.

NationsBanc Mortgage Corp. v. Hopkins · filed 2003-05-07

However, an award of attorney’s fees under section 16-22-308 is proper only when the action is based primarily in contract. Reed v. Smith Steel, 77 Ark. App. 110, 78 S.W.3d 118 (2002). We do not view this case as one that is primarily based in contract; its true nature is an action for violation of a statute and possibly neghgence. Neither of these causes of action support an attorney fee award under section 16-22-308. We therefore reverse on this point.

Section 16-22-308 permits a prevailing party in a contract action to recover reasonable attorney’s fees.

BAAN, U.S.A. v. USA Truck, Inc. · filed 2003-05-21

The allowance of attorney’s fees is penal in nature, and is a procedural matter governed by the laws of the State of Arkansas. USAA Life Ins. Co. v. Boyce, 294 Ark. 575, 745 S.W.2d 136 (1988). Appellant was forced to litigate in Arkansas and prevailed on its counterclaim for breach of contract against appellee; therefore, it was entitled by Arkansas law to attorney’s fees. Ark. Code Ann. § 16-22-308 (Repl. 1999).

Section 16-22-308 permits attorney’s fees for a partnership accounting involving rights created by the partnership agreement.

Harrison v. Harrison · filed 2003-06-18

Arkansas Code Annotated section 16-22-308 provides for the award of attorney’s fees in certain civil actions: ... Maurice argues that this statute does not provide for an award of fees for an accounting in the context of a partnership. In response, Ronald asserts that it does, because a partnership is based upon a contract. It is our conclusion that fees were properly awarded under this statute.

Section 16-22-308 permits the prevailing party in a civil action to recover reasonable attorney’s fees when the action is for breach of contract, unless law or the contract provides otherwise.

Curry v. Thornsberry · filed 2003-11-06

Therefore, the Currys’ action for breach of the implied warranty of fitness and habitability was an action in contract; because it was an action “in contract,” the trial court properly awarded attorney’s fees under § 16-22-308.

Section 16-22-308 permits attorney’s fees for a prevailing party in a civil action.

American Transportation Corp. v. Exchange Capital Corp. · filed 2003-11-19

On AmTran’s second point concerning the award of attorney’s fees to Exchange, we also reverse because Exchange is no longer a “prevailing party” entitled to attorney’s fees under Ark. Code Ann. § 16-22-308 (1999).

Section 16-22-308 allows a reasonable attorney’s fee in certain civil actions, including actions to recover for breach of contract, but not in tort actions.

Brown v. Blake · filed 2004-04-28

Arkansas Code Annotated section 16-22-308 provides for a reasonable attorney’s fee in certain civil actions, including actions to recover for breach of contract. This statute does not, however, provide for the recovery of attorney’s fees in tort actions.

Section 16-22-308 does not authorize attorney’s fees for tort claims.

Hoffinger Industries, Inc. v. Rinehart (In Re Hoffinger Industries, Inc.) · filed 2004-09-27

He points out correctly that section 16-22-308 of the Arkansas Code Annotated does not apply to tort claims.

Section 16-22-308 allows a prevailing party to recover reasonable attorney's fees in a breach-of-contract action unless Arkansas law or the contract provides otherwise.

Perkins v. Cedar Mountain Sewer Improvement District No. 43 · filed 2004-12-09

Arkansas law allows a prevailing party to recover reasonable attorney's fees in a breach-of-contract action unless Arkansas law or the contract that is the subject matter of the action provides otherwise. See Ark.Code Ann. § 16-22-308.

The section allows a prevailing party in a civil action to recover on a breach of contract a reasonable attorney's fee assessed by the court and collected as costs.

Ferrell v. West Bend Mutual · filed 2005-01-04

The Arkansas statute upon which the attorney’s fee award was based states that “[i]n any civil action to recover on [a] . . . breach of contract, . . . the prevailing party may be allowed a reasonable attorney’s fee to be assessed by the court and collected as costs.” Ark. Code Ann. § 16-22-308 (emphasis added). Thus, we conclude that the attorney’s fee award was part of the “costs” taxed against the insured, Hi-Tech, in the underlying lawsuit. As such, the award is a “supplementary payment” covered under the policy.

Section 16-22-308 allows prevailing parties to recover reasonable contractual attorneys’ fees and permits a court to award fees and costs at its discretion.

Associated Electric Cooperative, Inc. v. Southwest Power Pool, Inc. · filed 2024-08-05

Arkansas Code § 16-22-308 and Missouri case law both provide prevailing parties with a right to reasonable attorneys’ fees “when attorneys’ fees are provided for by contract.” ... Finally, although the Arkansas statute provides that a district court may award attorneys’ fees and costs at its discretion, the district court declined to do so here, and Southwest does not argue the district court abused its discretion in doing so. Ark. Code Ann. § 16-22-308; see also Nat’l Am. Ins. Co. v. Hogan, 173 F.3d 1097 (8th Cir. 1999) (applying abuse of discretion standard to review of district court’s determination as to attorneys’ fees). Accordingly, we find the district court did not abuse its discretion in denying Southwest discretionary attorneys’ fees and affirm.

Section 16-22-308 permits reasonable attorney’s fees as costs in a breach-of-contract action; a contract limiting monetary remedies to damages does not preclude those fees.

Mighty Good Solutions, LLC; And Benjamin Rendo v. the Retail Firm, LLC · filed 2025-10-01

Mighty Good and Rendo misconstrue this provision as precluding an award of “reasonable attorney’s fee to be assessed by the court and collected as costs[,]” as permitted under section 16-22-308.

Section 16-22-308 does not authorize attorney’s fees for an insured’s claim to recover a loss under an insurance policy because another statute provides the exclusive fee remedy.

Gafford v. Allstate Insurance Co. · filed 2015-03-19

Thus, because section 16-22-308 does not contain any such condition on a fee award, section 23-79-208 falls squarely within section 16-22-308’s exception that it does not apply when attorneys’ fees are “otherwise provided by law.”