Akers v. Mortensen
Annotate this CaseThis case stemmed from a series of cases concerning the scope and location of Marti and Vernon Mortensen’s easement across Dennis and Sherrie Akers’ property. This dispute has made multiple trips to the Idaho Supreme Court. From its last trip, the Supreme Court remanded because the Akers were only entitled to an award of attorney fees under Idaho Code section 6-202 for those fees incurred in prosecuting the trespass claim and not for other theories of recovery. The case was remanded for the “sole purpose” of apportioning the attorney fees the Akers were entitled to recover for prosecuting their trespass claim. On remand, Marti Mortensen argued the Akers had not provided sufficient evidence to allocate attorney fees between the various causes of action. However, the Akers produced seventy pages of billing documentation, and their counsel went through that billing and marked every item that was chargeable to prosecuting the trespass claim, arriving at $55,917.21 in attorney fees. The district court found that this figure was reasonable and awarded fees in that amount. The district court then entered judgment awarding the Akers “apportioned attorney fees jointly and severally against each defendant in the amount of $55,917.21.” Since that time Marti’s former husband, Vernon Mortensen, passed away. Marti appealed. Finding no reversible error in the fee award, the Supreme Court affirmed.
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