Fix v. South Wilderness Ranch HomeOwners Assn.
2012 WY 96
| Wyo. | 2012Background
- HOA sued Fix for $2,500 in assessments plus interest, costs, and attorney fees; Fix denied owing the assessments and counterclaimed to void covenants or seek damages for alleged enforcement failures.
- District court granted summary judgment for HOA on the assessments, then severed Fix's counterclaim and awarded HOA total judgment of $22,077.38.
- Fix appeals contending error in summary judgment, severance, and excessive attorney fees and costs; HOA seeks to recover appellate costs.
- Fix owns Lot 2 in South Wilderness Ranches; covenants authorize assessments and attorney fees to enforce them; 2009 and 2010 assessments were at issue.
- Pleadings were amended by both sides; court allowed some amendments, struck a third-party claim, and later ruled on severance and summary judgment prior to final judgment.
- On appeal, court affirming most rulings but vacates the award of $1,228.00 for online legal research.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper. | Fix; asserts genuine issues of material fact on defenses bar summary judgment. | HOA; argues defenses are insufficient to defeat unpaid assessments. | Summary judgment affirmed; defenses did not defeat the HOA claim. |
| Whether attorney fees were excessive. | Fix; fees excessive given simplicity of case and number of attorneys. | HOA; covenants authorize reasonable attorney fees and hours were reasonable. | Attorneys' fees affirmed; no abuse of discretion. |
| Whether severance of the counterclaim was proper. | Fix; severance prejudiced by neighbor-related claims and should be joined. | HOA; severance permitted when claims are not interwoven and promote economy. | Severance upheld; not an abuse of discretion. |
| Whether costs (including online legal research) were properly awarded. | Fix; online legal research not a recoverable cost and should be taxed as attorney overhead. | HOA; seeks costs and argues research expenses may be recoverable. | Vacate award of $1,228.00 for online legal research; otherwise affirmed. |
Key Cases Cited
- Weber v. State, 2011 WY 127 (Wy. 2011) (de novo review standard for summary judgments; favorable view to party opposing motion)
- Magin v. Solitude Homeowner's Inc., 2011 WY 102 (Wy. 2011) (attorney fees review; factors for reasonableness)
- Beavis v. Campbell County Mem. Hosp., 2001 WY 32 (Wy. 2001) (severance/discretion under W.R.C.P. 42(b) standards)
- Knadler v. Adams, 661 P.2d 1052 (Wy. 1983) (proposal that issues unsupported by authority need not be considered)
- Snyder v. Lovercheck, 992 P.2d 1079 (Wy. 1999) (legal research as part of attorney fees; not taxable as costs)
- Carlson v. Carlson, 836 P.2d 297 (Wy. 1992) (separation of claims under Rule 42(b) when appropriate)
- Grynberg v. L & R Exploration Venture, 2011 WY 134 (Wy. 2011) (appellate sanctions standards; rare occasions for fees/costs denial)