Archive | Remanded for attys’ fees on appeal

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Hudson v. Irwin

Hudson v. Irwin, 2018 MT 8 (Jan. 8, 2018) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in concluding Hudsons were not entitled to access an easement on the Irwin property; (2) whether the owner of real property who is establishing a general plan development can create an easement upon the owner’s own parcel; and (3) whether the prevailing party award of attorney fees should be vacated.

Short Answer: (1) No; (2) yes; and (3) no.

Affirmed and remanded for determination of fees on appeal

Facts: Hudsons and Irwin own real property adjacent to one another. Before being subdivided by a previous owner, the properties were one parcel. A privately owned public airport is on the Irwin property.…

Jonas v. Jonas

Jonas v. Jonas, 2013 MT 202 (July 23, 2013) (5-0) (Wheat, J.)

Issue: (1) Whether the district court erred by denying Edwin’s motion to set aside the charging order and the appointment of the receiver; and (2) whether Linda is entitled to fees and costs under M.R. App. P. 19(5).

Short Answer: (1) No, and (2) yes.

Affirmed & remanded for attorneys’ fees and costs

Mountain West Bank v. Cherrad, LLC

Mountain West Bank v. Cherrad, LLC, 2013 MT 99 (April 16, 2013) (5-0) (Wheat, J.)

Issue: (1) Whether the estate’s appeal of the order finding its construction lien invalid is moot due to sale of the property to bona fide purchasers; (2) whether the district court erred in calculating the amount of money Cherrad owed the estate for costs related to the condo construction project.

Short Answer: (1) Yes, and (2) no.

Affirmed, and remanded for attorneys’ fees incurred on appeal