Musselshell Ranch Co. v. Joukova
Annotate this CaseIn this real property dispute about asserted easement rights, the district court ruled in favor of Defendant and in favor of Plaintiff on others. The court concluded neither party had "prevailed" as required by Mont. Code Ann. 70-17-112(5) and declined to award attorney fees and costs. Plaintiff appealed the district court's rulings in favor of Defendant but did not appeal the court's ruling pertaining to attorney fees. On appeal, the Supreme Court reversed the district court's ruling in favor of Defendant. On remand, the district court denied Plaintiff's request for attorney fees and costs, holding (1) Plaintiff should have appealed the issue of attorney fees on the first appeal, and (2) Plaintiff had not prevailed on all issues raised under section 70-17-112, and therefore was not entitled to fees and costs. The Supreme Court affirmed, holding that because Plaintiff did not prevail on all claims, it was not entitled to fees and costs under section 70-17-112.
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