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Summary 2007 WY 195

By Meg

Summary of Decision issued December 11, 2007

[SPECIAL NOTE: This opinion uses "Universal Citation" and was given an "official" citation when issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will note that all of the paragraphs are numbered. When you need to provide a pinpoint citation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion should include the reporter page number. If you need assistance, please contact the Wyoming State Law Library.]

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Mueller v. Zimmer

Citation: 2007 WY 195

Docket Number: S-07-0043

Appeal from the District Court of Lincoln County, the Honorable Dennis L. Sanderson, Judge

Representing Appellants (Plaintiffs): Robert John Logan, Logan & Powell, LLP, Thayne, Wyoming.

Representing Appellees (Defendants): John R. Hursh, Central Wyoming Law Associates, PC, Riverton, Wyoming.

Issue: Whether the district court abused its discretion in awarding Appellees attorney fees and costs in the amount of $4,241.99.

Facts/Discussion: Appellants appeal the district court?s order awarding attorney fees and costs to Appellees.
Standard of Review: The Court reviews an award of attorney fees for an abuse of discretion.
The Court noted that Appellants did not contest the reasonableness of the $150 hourly rate charged by Appellees? attorney. They argued that because Appellees failed to provide an itemized statement reflecting only fees and costs incurred in defense of the ultra vires claim, there was insufficient evidence in the record to support the award and that the failure to provide the separate itemization was fatal to the claim. They relied on Miles v. CEC Homes and Jensen v. Fremont Motors Cody, Inc. The Court stated the reliance was misplaced.
In contrast to the situation in Miles, the record here contains a factual basis for the district court?s decision. Defense counsel?s ledgers and affidavit provided information allowing the district court to make an informed decision regarding a proper attorney fee award. The district court was intimately familiar with the parties, the issues and the overall litigation and so was in an excellent position to evaluate whether Defendants? documentation and calculations fairly attributed reasonable costs to the particular claim at issue.
Appellants? case was distinguishable from Jensen. It was undisputed that Appellants were entitled to attorney fees for their defense of the ultra vires claim whereas in Jensen, the denial was warranted because Jensen had failed to establish that he had prevailed on his claim for past due wages.

Holding: Case counsel provided an explanation for his failure to segregate the fees for each of the claims and the district court found that the segregation of fees was a practical impossibility. There was sufficient evidentiary basis for the district court?s award. The Court found no abuse of discretion.

Affirmed.

J. Burke delivered the opinion.

Link: http://tinyurl.com/2rmdxd .

Full post as published by Law Library Letter on December 21, 2007 (boomark / email).