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Ball v. Birch9/27/2002
ng of entitlement to summary judgment on the liability claim addressed in its expert's report. We therefore remand for entry of partial summary judgment as to those negligence claims covered by the law firm's expert's report.
C. Enhanced Attorney's Fees Award
The superior court awarded the law firm attorney's fees of $75,841 - fifty percent of its incurred defense fees. The order stated that " he fee is enhanced due to vexatious delays and misrepresentations to the court and defense counsel concerning expert testimony availability." The Balls argue that it was error to award enhanced fees.
Alaska Civil Rule 82(b)(3) permits enhanced fee awards under some circumstances, but it is unnecessary to decide whether it was error to enhance the award here. Because the law firm was not entitled to complete summary judgment and because we remand for further proceedings, we vacate the attorney's fees award. We vacate the costs award for the same reason.
IV. CONCLUSION
Because defendants only made out a prima facie showing supporting partial summary judgment, we REVERSE the judgment, VACATE the awards of attorney's fees and costs, and REMAND for further proceedings, including entry of partial summary judgment as to the claims addressed in the report of the law firm's expert.
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