Gregory v. Spannagel

Summary

The Montana Supreme Court reviewed an award of attorney fees, post-appeal fees, and costs following a remand for determination of sanctions under Rule 11, M.R.Civ.P. The court affirmed $11,645 in attorney fees, vacated $1,205.41 in costs because the costs claim was untimely under the applicable rules, and remanded for entry of a new judgment.

Holdings

1. The 30-day time limit for claims for routine awards of costs to a prevailing party under Rule 33, M.R.App.P., and § 25-10-503, MCA, does not apply to attorney fees awarded as a Rule 11 sanction.
2. Absent statutory authority authorizing attorney fees in a particular type of action, attorney fees are not an element of costs in a civil action.
3. The $1,205.41 award for costs of the prior appeal had to be vacated because the prior appellate decision did not award those costs as a Rule 11 sanction, and the Spannagels' claim for prevailing-party costs was untimely under Rule 33, M.R.App.P., and § 25-10-503, MCA.
4. The request for Rule 32, M.R.App.P., sanctions was denied because Gregory's appeal was partially successful.

Questions Presented

1. Whether the Spannagels' request for attorney fees and costs was timely.
2. Whether the statutory and appellate-rule time limits governing routine awards of costs applied to attorney fees awarded as a Rule 11 sanction.
3. Whether the Spannagels could recover costs as prevailing parties on the prior appeal when the prior appellate decision had not awarded those costs as a sanction.
4. Whether sanctions should be imposed against Gregory under Rule 32, M.R.App.P., for taking an appeal without substantial or reasonable grounds.

Disposition

other