Dishman v. First Interstate BankAnnotate this Case
FIB filed a complaint against Dishman for judicial foreclosure. The district court granted FIB a partial summary judgment for the principal due, accrued interest, and most of FIB’s costs. The court later held a bench trial on FEB’s request for attorney fees and granted most of the requested fees and costs. The Supreme Court affirmed in part and reversed in part, holding (1) the district court erred by allowing FIB’s detailed attorney fee statement into evidence when FIB did not produce it until just before trial, but the error was harmless; (2) the district court abused its discretion by awarding fees associated with FIB’s efforts to withhold the detailed fee statement and by awarding fees incurred in unnecessary and unproductive work; and (3) in the interests of equity, the fees incurred by FIB after the summary judgment are reduced to account for FIB’s discovery violations. Remanded.