Durrant v. Christensen

785 P.2d 634, 117 Idaho 70, 1990 Ida. LEXIS 7
CourtIdaho Supreme Court
DecidedJanuary 17, 1990
Docket17678
StatusPublished
Cited by49 cases

This text of 785 P.2d 634 (Durrant v. Christensen) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Durrant v. Christensen, 785 P.2d 634, 117 Idaho 70, 1990 Ida. LEXIS 7 (Idaho 1990).

Opinions

BOYLE, Justice.

Plaintiffs-appellants, Orvil and Faye Durrant and Kenneth W. Sellers, (hereafter “Durrant and Sellers”) bring this appeal challenging an order by the district court [72]*72awarding attorney fees and costs to defendant. The defendant-respondent, cross-appellant, Ruby Christensen, (hereafter “Christensen”) cross-appeals on the issue of denial of certain costs and fees. All parties are residents of Bingham County, Idaho.

Durrant and Sellers are landowners whose irrigation water crosses property owned by L & R Christensen Investments Limited. They filed a complaint against Christensen seeking an adjudication of the respective parties’ water rights and a permanent restraining order prohibiting Christensen from interfering with their diversion and use of water. In her answer, Christensen asserted that she was not the owner of the property, denied all allegations, and the parties stipulated to entry of a temporary restraining order to maintain the status quo.

Thereafter, Christensen produced a certified copy of a quitclaim deed revealing that title to the real property in question was held by L & R Christensen Investments Limited and not Ruby Christensen. This resulted in the restraining order being vacated and the complaint was dismissed without prejudice.

Christensen’s memorandum of costs and attorney fees requested a total of $4,612.50 in attorney fees and $264.65 in costs. The district court awarded her $1,000.00 attorney fees for her efforts in dissolving the restraining order, and limited her cost award to $32.00 for the filing fee and copies of court documents. The district court denied Christensen’s other costs because they were not itemized as required by I.R. C.P. 54, and the additional expenses incurred were not necessary in her defense against the restraining order.

In ruling on Christensen’s motion for attorney fees, the district court found that neither party nor their attorneys proceeded in “bad faith,” and fees were not awarded under I.R.C.P. 11. The district court ruled that the case involved water rights and not a commercial transaction, thus did not award fees pursuant to I.C. § 12-120. The district court also concluded that Durrant and Sellers did not pursue their action frivolously, unreasonably or without foundation, and Christensen was not entitled to an award of attorney fees pursuant to I.C. § 12-121.

All parties have appealed the district court’s decision on the attorney fees and costs issues.

I.

Prevailing Party — Award of Costs and Fees.

Durrant and Sellers raise two arguments on appeal. First, they contend that Christensen is not the prevailing party, and second, that the proceedings amounted to an adjudication on the merits and therefore Christensen is not entitled to an award of costs and fees.

I.R.C.P. 54(d)(1) provides:

(A) Parties Entitled to Costs. Except when otherwise limited by these rules, costs shall be allowed as a matter of right to the prevailing party or parties, unless otherwise ordered by the court.
(B) Prevailing Party. In determining which party to an action is a prevailing party and entitled to costs, the trial court shall in its sound discretion consider the final judgment or result of the action in relation to the relief sought by the respective parties, ... (Emphasis added.)

As the above rule provides, determination of the prevailing party for purposes of an award of costs is committed to the sound discretion of the trial court. Gilbert v. City of Caldwell, 112 Idaho 386, 732 P.2d 355 (Ct.App.1987). The burden is on the party disputing the award to show an abuse of this discretion, Anderson v. Ethington, 103 Idaho 658, 651 P.2d 923 (1982), and absent an abuse of discretion, the district court’s award of costs will be upheld. Martsch v. Nelson, 109 Idaho 95, 705 P.2d 1050 (Ct.App.1985).

Durrant and Sellers contend that their objective in filing this action was to establish a water use rotation schedule, and although the temporary restraining order was vacated, it established a rotation scheme which the parties have continued to [73]*73follow. Thus, Durrant and Sellers argue in effect that Christensen is not the prevailing party because she continues to follow the rotation scheme established in the temporary restraining order. We find this argument insufficient to show an abuse of discretion by the district court. Christensen was not the owner of the property, and the complaint against her was dismissed and the restraining order dissolved. The district court’s determination that Christensen is the prevailing party is affirmed.

Durrant and Sellers next contend that an award of attorney fees under I.R. C.P. 65(c) should not apply in this case. Rule 65(c) allows the trial court to award costs and reasonable attorney fees to any party who is found to have been wrongfully enjoined or restrained. Durrant and Sellers argue that the costs and fees awarded to Christensen were attributable in defending the merits of the case and therefore the provisions of I.R.C.P. 65(c) should not apply. They further contend because the parties continue to follow the water rotation scheme established in the temporary restraining order, that constituted an adjudication on the merits. Again, the argument is unconvincing. First, the complaint against Christensen was dismissed because she was not a proper party. If there is no valid claim to pursue, and the action was dismissed, there can be no adjudication on the merits as against the party in whose favor a dismissal was entered. Second, Idaho case law interpreting Rule 65(c) allows recovery of attorney fees if legal services necessary to defend the merits of the case were identical to services performed in dissolving a restraining order. Davidson Grocery Co. v. United States Fidelity & Guar. Co., 52 Idaho 795, 21 P.2d 75 (1933); McAtee v. Faulkner Land & Livestock, Inc., 113 Idaho 393, 744 P.2d 121 (Ct.App.1989); Devine v. Cluff, 110 Idaho 1, 713 P.2d 437 (Ct.App.1986). Thus, assuming there was an adjudication on the merits, recovery of attorney fees would be appropriate provided the trial court found the restraining order and merit issues were identical as in McAtee v. Faulkner. Finally, since Christensen was not a proper party to this action, any injunction or restraint against her would be wrongful and she would be entitled to an award of fees. I.R.C.P. 65(c).

We find no abuse of discretion by the district court in its award of attorney fees and costs for Christensen’s efforts in dissolving the restraining order. We find that the amount of the award of attorney fees is reasonable, and affirm the district court’s decision awarding attorney fees and costs to Christensen in that regard.

II.

I.R.C.P. 11 — Attorney Fees.

On cross-appeal, Christensen argues that she should have been awarded all of her attorney fees and costs pursuant to I.C.

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Bluebook (online)
785 P.2d 634, 117 Idaho 70, 1990 Ida. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durrant-v-christensen-idaho-1990.