Joos v. Joos

----ooOoo----

Piper C. Joos,
Petitioner and Appellee,

v.

Dan Rodney Joos,
Respondent and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020126-CA

F I L E D
May 31, 2002 2002 UT App 187 -----

Third District, Salt Lake Department
The Honorable Sandra N. Peuler

Attorneys:
Ronald C. Barker, Salt Lake City, for Appellant
Ephraim H. Fankhauser, Salt Lake City, for Appellee -----

Before Judges Bench, Davis, and Thorne.

PER CURIAM:

This case is before the court on Appellee Piper C. Joos's motion for summary disposition.

This court issued a memorandum decision concerning this appeal in 1999. See Joos v. Joos, No. 960720-CA, slip op. (Utah Ct. App. Nov. 4, 1999). Appellant Dan Rodney Joos unsuccessfully petitioned for certiorari in the Utah Supreme Court and United States Supreme Court.

The sole issue before the district court following the remittitur from this court was a determination of the amount of attorney fees reasonably incurred by Appellee on appeal. Appellant raised no challenge to the award of $772.32 in attorney fees in the district court, and he raises no challenge to that determination on appeal. Instead, Appellant seeks to revive his original appeal and/or add new claims without regard to principles of res judicata or the procedural posture of this case. At the same time, he seeks to raise substantially similar issues in an appeal from the dismissal of a declaratory judgment action pending as Case No. 20011005-CA.

The district court in this case correctly ruled that the only issues before that court concerned determination of this court's attorney fees award. Appellant's attempts to enlarge the scope of the district court proceedings and this appeal are improper and clearly exceed the scope of the proceedings on remand. Because Appellant raised no challenge to the merits of the attorney fees motion, the district court did not err in denying a hearing on other issues that were not properly before the court.

We affirm the attorney fees award and the denial of the motion to alter or amend that award. Appellee is again awarded attorney fees and costs, and this case is remanded to the district court for the limited purpose of determining the amount of fees and costs reasonably incurred in this appeal.
 
 

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Russell W. Bench, Judge
 
 

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James Z. Davis, Judge
 
 

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William A. Thorne Jr., Judge