Pancoast v. Indian Cove Irrigation District

829 P.2d 1333, 121 Idaho 984, 1992 Ida. LEXIS 58

• Court: Idaho Supreme Court
• Decided: March 24, 1992
• Docket: 18819
• Status: Published

Opinions

JOHNSON, Justice.

This case concerns an award of attorney fees pursuant to I.C. § 12-120(1). We hold that a trial court may not award attorney fees under this statute unless the amount pleaded is $25,000 or less, even if the proof offered at trial indicates damages of $25,-000 or less.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Donald Pancoast sued Indian Cove Irrigation District (Indian Cove), alleging that Indian Cove failed to supply sufficient water to him during the 1987 irrigation season and that this failure caused Pancoast crop damage “in an amount in excess of $10,-000.” In their pleadings, Pancoast and Indian Cove each requested attorney fees without specifying the basis upon which they sought the award.

Pancoast testified at trial that his crop damages were approximately $16,000. The jury found in favor of Indian Cove. The trial court awarded attorney fees to Indian Cove pursuant to I.C. § 12-120(1), because the damages proven at trial indicated Pan-coast claimed damages of $25,000 or less. Pancoast appealed the attorney fees award.

II.

THE TRIAL COURT SHOULD NOT HAVE AWARDED ATTORNEY FEES PURSUANT TO I.C. § 12-120(1).

Pancoast asserts that the trial court should not have awarded attorney fees to Indian Cove pursuant to I.C. § 12-120(1), because Pancoast did not plead damages in an amount of $25,000 or less. We agree.

I.C. § 12-120(1) provides:

12-120. Attorney fees in civil actions.—(1) Except as provided in subsection (8) of this section, in any action where the amount pleaded is twenty-five thousand dollars ($25,000) or less, there shall be taxed and allowed to the prevailing party, as part of the costs of the action, a reasonable amount to be fixed by the court as attorney fees. For the plaintiff to be awarded attorney fees, for the prosecution of the action, written demand for the payment of such claim must have been made on the defendant not less than ten (10) days before the commencement of the action; provided, that no attorney fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action, an amount at least equal to ninety-five per cent (95%) of the amount awarded to the plaintiff.

This statute does not authorize a trial court to award attorney fees unless the amount “pleaded” is $25,000 or less. Pan-coast pleaded damages in “an amount in excess of $10,000.” Although the proof submitted by Pancoast at trial was for damages of less than $25,000, I.C. § 12-120(1) does not authorize the substitution of “the amount proved” for “the amount pleaded.”

Other statutes enacted by the legislature demonstrate that the legislature understands the meaning of the terms “pleaded” or “plead” in the procedural sense in which I.C. § 12-120(1) refers to “the amount pleaded.” E.g., I.C. §§ 7-709, 12-117(5), 33-2405, 41-232(5), 41-334, 41-1231(2), 41-1840(1), 45-1503(3), and 63-2309. Therefore, we will not construe the statute to refer to something different from what the legislature specified.

III.

CONCLUSION.

Indian Cove also requested the trial court to award attorney fees pursuant to I.C. § 12-121 on the ground that Pancoast brought and pursued the action frivolously. The trial court did not make the necessary findings to support an award of attorney fees under this statute. See I.R.C.P. 54(e)(1) (“[AJttorney fees under section 12-121, Idaho Code, may be awarded by the court only when it finds, from the facts presented to it, that the case was brought, pursued or defended frivolously, unreasonably or without foundation.”) Therefore, we will not consider this alternative basis for an award of attorney fees to Indian Cove.

Indian Cove has argued on appeal that the trial court could have awarded attorney fees pursuant to I.C. § 12-120(3). Indian Cove did not, however, request the trial court to award attorney fees under this statute. Therefore, we will not consider this question on appeal.

We reverse the trial court’s attorney fees award and award costs on appeal to Pan-coast.

BAKES, C.J., and BISTLINE and McDEVITT, JJ., concur.