Anderson v. Thompson
248 P.3d 981
Utah Ct. App.2010Background
- Wife Linda Anderson appeals the trial court's award of Husband Glenn Thompson's appellate attorney fees and costs and this Court reverses.
- The case has two prior appeals: Anderson v. Thompson, 2008 UT App 3; and Anderson v. Thompson (Anderson II), 2008 UT App 170 (mem.).
- In Anderson II, after addressing merits, this court remanded to determine if Husband should receive costs and attorney fees, and, if so, the amount.
- On remand, the trial court awarded Husband's trial- and appellate-level fees and costs; Wife challenges only the appellate-fees portion.
- The narrow issue is whether the trial court had authority to award appellate fees given the remand language, a question of law reviewed for correctness.
- Because Anderson II did not provide an explicit directive authorizing appellate fees, the trial court lacked authority, and the appellate-fees award is reversed and remanded to deduct the appellate-fees amount from the award, with no fees awarded on this appeal to either side.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to award appellate fees on remand | Anderson contends no explicit directive supported appellate fees. | Thompson contends the remand supports award of appellate fees. | No explicit directive; trial court lacked authority to award appellate fees. |
Key Cases Cited
- Cache Cnty. v. Beus, 128 P.3d 63 (Utah Ct. App. 2005) (trial courts lack authority to award appellate fees absent directive)
- Slattery v. Covey & Co., 909 P.2d 925 (Utah Ct. App. 1995) (appellate-fee determination rests with appellate court unless remanded for amount)
- Glew v. Ohio Sav. Bank, 181 P.3d 791 (Utah 2008) (granting appellate fees on appeal requires appropriate motion when overlooked)