(Download) "Merle H. Davis v. Ronald Hallett and Donna" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Merle H. Davis v. Ronald Hallett and Donna
- Author : Supreme Court of Alaska
- Release Date : January 26, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
BURKE, Justice. OPINION Ronald and Donna Hallett sued Merle Davis, in a dispute over title to real property. The Halletts prevailed, and were awarded $11,519.15 for their attorney's fees. The award was made by Superior Court Judge Victor Carlson, pursuant to Rule 82(a)(2), Alaska Rules of Civil Procedure. 1 In Davis v. Hallett, 587 P.2d 1170 (Alaska 1978), we reversed, stating: It is well-settled in the decisions of this court that the purpose of Rule 82 is to compensate a prevailing party only partially for attorney fees justifiably incurred. See, e.g., Malvo v. J.C. Penney Company, Inc., 512 P.2d 575, 587 (Alaska 1973). In the absence of a bad faith defense or vexatious conduct by the losing party in the litigation, we have held it to be manifestly unreasonable to award a full attorney fee to the prevailing party. Id. at 587. The court below made no finding of bad faith by appellant Davis, the Halletts have not alleged such bad faith, and none clearly appears in the record on appeal. We thus reverse the award of full attorney fees, and remand with the instruction that the superior court enter an order for a partially compensatory attorney fee in an amount to be determined by the superior court.
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