§ 70-25-201

Citation: § 70-25-201
Parent Document: Solem v. Chilcote, 906 P.2d 209 (1995)
Jurisdiction: Montana (state)
Effective Date: 1995-11-21
Original Source: https://www.courtlistener.com/opinion/883453/solem-v-chilcote/ ↗

Full Text

1,943 chars

(1984), 208 Mont. 336, 679 P.2d 213, we discussed the proper
construction of "prevailing party" in regard to attorney fees. We
stated that
[nlo one factor should be considered in determining the
prevailing party for the purpose of attorney fees. The
party that is awarded a money judgment in a lawsuit is
not necessarily the successful or prevailing party.
However, this Court agrees with those jurisdictions that
have found the award of money to be an important item to
consider when deciding who, in fact, did prevail. Ocean
West Contractors v. Halec Const. Co. (1979), 123 Ariz.
470, 600 P.2d 1102. . The party that survives an
action involving a counterclaim, set-off, refund or
penalty with the net judgment should generally be
considered the successful or prevailing party.
E.C.A., 679 P.2d at 217-18. Although we have modified the District
Court's award to the tenants, the action involved a refund of
tenants' security deposit for a net judgment of $80.50 in favor of
the tenants. The tenants are therefore still the prevailing
parties on this issue and are entitled to their attorney fees at
the District Court's discretion.

Other Sections in This Document (40)

Full Text