The Appellate Group

1600 Barberry Lane 8 LLC v. Cottonwood Residential O.P. LP

1600 Barberry Lane 8 LLC v. Cottonwood Residential O.P. LP, 2021 UT 15 (Petersen, J.)


Barberry filed suit against Cottonwood. Cottonwood moved to dismiss under Georgia law, which governed the contract under the express terms of the contract. The district court granted the motion to dismiss and thereafter granted Cottonwood attorney fees under either Utah or Georgia law. Barberry appealed the grant of attorney fees, as well as the amount. The Utah Supreme Court affirmed, holding:

  • The district court correctly concluded that attorney fees were appropriate under Georgia law. A claim for contractual attorney fees in substantive in nature and, in this case, is governed by Georgia law.
  • Barberry failed to adequately brief whether attorney fees were reasonable where it did not reference any legal support, provide legal analysis, mention the governing standard of review, or apply that standard to the district court’s decision.

Read the full court opinion