Marcum v. Wengert

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• where the court found that a prevailing party existed and that the case sounded in contract based upon a lease agreement
• the word \may\ indicates that described action is discretionary, whereas the word \shall\ indicates that described action is mandatory
• “The decision to award attorney’s fees and the amount to award are discretionary determinations that will be reversed only if the appellant can demonstrate that the trial court abused its discretion.”
• “The word ‘may’ is usually employed as implying permissive or discretional, rather than mandatory, action or conduct and is construed in a permissive sense unless necessary to give effect to an intent to which it is used.”
• the word \shall\ in a statute indicates mandatory compliance with statute's terms
• “The word ‘may’ is usually employed as implying permissive or discre-tional, rather than mandatory, action or conduct and is construed in. a permissive sense unless necessary to give effect to an intent to which it is used.”

Source: CourtListener parenthetical corpus (CC0).