In re Marriage of Fossen
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The Supreme Court affirmed in part and reversed in part the district court's award of prejudgment interest on a sum Pamela Fossen was directed to pay in a marriage dissolution action and the court's award of attorney fees incurred in a separate action to Allen Fossen, holding that the district court abused its discretion in admitting certain evidence to support the calculation of attorney fees and costs.
Specifically, the Court held that the district court (1) erred in awarding Allen attorney fees under terms of the parties' dissolution settlement agreement for defending Pam's third-party complaint against Allen in a separate action; (2) did not abuse its discretion in admitting certain evidence to support the calculation of attorney fees and costs; and (3) erred in awarding prejudgment interest. The Court remanded the case for further proceedings to determine the amount of fees.
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