Boyne USA, Inc. v. Lone Moose Meadows, LLC and Lone Moose Meadows Condominiums Unit Owners Association, Inc., 2010 MT 133, 356 Mont. 408

Summary

The Supreme Court of Montana held that a Lift Operations Agreement required Lone Moose Meadows to pay Boyne USA $50,000 annually for depreciation beginning with the 2002–2003 ski season, regardless of whether Boyne owned the lift. The court also held that the judgment was procedurally sufficient and that the prevailing-party attorney-fee provision covered fees incurred on appeal. The judgment was affirmed and remanded for determination of appellate attorney fees.

Holdings

1. The unambiguous contract required Lone Moose to pay Boyne $50,000 annually for the depreciation component beginning with the 2002-2003 ski season, regardless of whether Boyne owned the lift at that time.
2. Lone Moose could not obtain reversal based on the lack of an initially specified total dollar amount because it knew the contractual amount, participated in the subsequent stipulation and proceedings, and failed to timely object.
3. When a contract provides that the prevailing party is entitled to reasonable attorney fees arising from litigation under the contract, the provision includes reasonable attorney fees incurred on appeal.

Questions Presented

1. Whether the Lift Operations Agreement required Lone Moose to pay Boyne $50,000 annually for depreciation beginning with the 2002-2003 ski season.
2. Whether a proper money judgment was entered even though the district court's ruling did not initially specify a total dollar amount.
3. Whether Boyne was entitled to reasonable attorney fees incurred on appeal under the agreement's prevailing-party fee provision.

Disposition

reversed_and_remanded