Loken Builders, Inc. v. Sharon R. Boyce

Summary

The Montana Supreme Court affirmed the District Court’s orders in a construction-contract dispute involving attorney fees, an amended judgment, a supersedeas bond, and an alleged settlement agreement. The Court held that Boyce received an adequate opportunity to challenge the amended judgment after the initial order, that the fee award was supported by substantial evidence and was not an abuse of discretion, and that no enforceable settlement agreement was shown. The Court declined to impose sanctions on either party and designated the decision as a noncitable memorandum opinion.

Holdings

1. The District Court's award of attorney fees and costs incurred by Loken in defending the judgment on appeal was supported by substantial evidence and was not an abuse of discretion.
2. Any lack of an opportunity to be heard before the March 8 amended judgment was entered did not invalidate the final judgment because the District Court subsequently provided both parties an opportunity to present evidence and argument before entering the judgment from which Boyce appealed.
3. The record contained substantial evidence that the parties had not reached a final settlement agreement, so Boyce could not establish that Loken breached such an agreement.
4. Boyce was not entitled to sanctions against Loken, and the Supreme Court declined Loken's request for sanctions against Boyce.

Questions Presented

1. Whether the District Court properly awarded Loken attorney fees and costs incurred in defending the judgment on appeal.
2. Whether the March 8 amended judgment was void because Boyce did not receive notice and an opportunity to be heard before its entry.
3. Whether the parties reached a settlement agreement that Loken breached.
4. Whether sanctions should be imposed against Loken or Boyce.

Disposition

affirmed