Larry D. Vaught, Judge.
This appeal follows a Cleburne County Circuit Court's award of attorney's fees, costs, postjudgment interest, and prejudgment interest to Bruce and Jan Smith (the Smiths) in a case involving the conveyance of mineral rights.
Because this appeal arises out of the same circuit-court case as the appeal in CV-15-341, we briefly recite the necessary facts. In 1987, Mountain Pine Timber, Inc. (MPT), sold two tracts of land to the Smiths and claimed to convey all rights to the land to them.
Following the jury trial, the Smiths petitioned the circuit court for attorney's fees, costs, postjudgment interest, and prejudgment interest from the date of the conveyance. After a hearing on the petition, the circuit court awarded the Smiths $165 in costs, $17,500 in attorney's fees, 6 percent
On appeal, the Bentons and the Estate of Snowden contend that the circuit court's award of attorney's fees, costs, and prejudgment interest to the Smiths was improper because the Smiths were not the prevailing party. Additionally, they claim that the circuit court erred in awarding the Smiths prejudgment interest from the date of the conveyance because (1) the award of prejudgment interest was not authorized by law because the damages were not definitely ascertainable, and (2) prejudgment interest, if authorized, was only recoverable from the date of constructive eviction. An additional argument raised solely by the Bentons is that the award was excessive.
A threshold issue in this appeal is whether the Smiths were the prevailing party in this matter. Arkansas Code Annotated section 16-22-308 (Repl. 1999) controls the award of attorney's fees in contract cases and provides that "the prevailing party may be allowed a reasonable attorney fee." "This court has recognized that to be the prevailing party under section 16-22-308, the litigant must be granted some relief on the merits of its claim." Harrill & Sutter, PLLC v. Kosin, 2012 Ark. 385, *10, 424 S.W.3d 272, 278 (citing CJ Bldg. Corp. v. Trac-10, 368 Ark. 654, 249 S.W.3d 793 (2007)). The prevailing party is determined by analyzing each cause of action and its subsequent outcome. Id. Ultimately, the prevailing party is determined by who comes out "on top" at the end of the case. Id.
The Smiths sued for breach of warranty of title and prevailed on their claim. However, the parties disputed whether the Smiths' damages were to be calculated from the date of the conveyance or the date of constructive eviction. The Bentons and the Estate of Snowden contend that they conceded a breach of warranty of title prior to trial, that the only issue litigated was the proper measure of damages, and that they prevailed at trial because they successfully argued that the Smiths' damages were limited to the value of the mineral rights at the time of the conveyance.
We disagree. The parties fiercely contested several issues in this case. The Smiths successfully defended their breach-of-warranty claim against multiple motions to dismiss. Additionally, contrary to their assertion, the Bentons and the Smiths did not admit full liability. Liability was admitted only by MPT. The parties disputed the liability of MPT's former shareholders, and the Smiths successfully held those shareholders liable for breach of warranty of title. Although the Smiths did not receive the full amount of damages they requested, they prevailed on their breach-of-warranty claim against MPT and its former shareholders. We review the circuit court's decision for an abuse of discretion and conclude that the circuit court did not abuse its discretion in determining that the Smiths were the prevailing party in this action.
Arkansas Code Annotated section 16-22-308 authorizes a circuit court to award a reasonable attorney fee. A circuit court's decision to grant or deny attorney's fees, and in what amount, lies within the sound discretion of the court, and the appellate court will not reverse absent a
Id.
The Bentons contend that the circuit court's award of $17,500 in attorney's fees and $165 in costs to the Smiths is excessive in light of the $250.22 judgment in their favor. In assessing the reasonableness of this award, we consider the factors enumerated in Chrisco. The Bentons take issue with the disparity between the results obtained and the fee awarded. However, the results obtained are just one factor to consider when awarding attorney's fees. According to the circuit court, this litigation was contentious and presented novel and difficult issues that were litigated well. The circuit court clearly considered the Chrisco factors as a whole and determined that the award was appropriate. For these reasons, we conclude that the circuit court did not abuse its discretion in awarding $17,500 in attorney's fees and $165 in costs to the Smiths.
The Bentons and the Estate of Snowden challenge the circuit court's award of prejudgment interest to the Smiths. On appeal, we address whether prejudgment interest was proper and, if so, when that interest began to accrue.
The Bentons and the Estate of Snowden argue that the circuit court was not authorized to award prejudgment interest. Arkansas law provides that prejudgment interest is intended to be "compensation for recoverable damages wrongfully withheld from the time of the loss until judgment." Dorsett v. Buffington, 2013 Ark. 345, *11, 429 S.W.3d 225, 232. An award of prejudgment interest "is only allowable if the amount of damages is definitely ascertainable by mathematical computation, or if the evidence furnishes data that make it possible to compute the amount without reliance on opinion or discretion." Id. "Where conflict exists over the validity of the damages sought by the plaintiff and the fact-finder is required to use its discretion to determine the amount of damages, prejudgment interest should not be awarded." Spann v. Lovett & Co., 2012 Ark.App. 107, *22, 389 S.W.3d 77, 94. Here, the evidence furnished data that made it possible to compute the amount of damages without reliance on opinion or discretion. The value of the mineral rights at the time of the conveyance was $1 per acre. Because the amount of damages were definitely ascertainable, we hold that the circuit court did not err in awarding prejudgment interest.
With this holding, we must also consider whether the circuit court erred in ruling that prejudgment interest
Affirmed in part; reversed and remanded in part.
Abramson and Gruber, JJ., agree.