Allahyari V. Doe

GROSSE, J. -- The appellant's, Carter Subaru, Inc. (Carter), motion for attorney fees was improperly denied after Komron Michael Allahyari (Allahyari) voluntarily dismissed his lawsuit against Carter seeking $5500 in damages for breach of an oral agreement to repair his car, misrepresentation, and negligence. We hold that this action falls within the statutes providing for an award of attorney fees to the prevailing party in an action wherein the amount in controversy is less than $10,000, and that Carter was the prevailing party as a result of the voluntary dismissal.