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HYLER v. GARNER5/22/1996
f's recovery of trial attorney fees should not be dissipated by the uncompensated expense of successfully defending an appeal). We remand this case to the district court for a determination of the amount of a reasonable fee. See id. at 926 (remanding for determination of reasonable appellate attorney fee); Bostic v. Mallard Coach Co., 185 W. Va. 294, 406 S.E.2d 725, 733 (1991) (same); see generally Dutcher v. Randall Foods, 546 N.W.2d 889, 896-97 (Iowa 1996) (reviewing process for determining reasonable attorney fee under federal fee-shifting statutes).
X. Other Alleged Error.
Autorama makes other arguments that are either without merit or lack sufficient discussion and supporting authority to permit an intelligent review of the issue. We find no basis for reversal in any of these arguments and will not further lengthen this opinion by discussing each separately.
XI. Summary.
We find no abuse of discretion in the trial court's admission of Merle Hardy's expert testimony and the twelve letters written by the parties' attorneys. Nor did the trial court abuse its discretion in refusing to view the Hylers' recreational vehicle.
Additionally, Autorama has demonstrated no reversible error in the district court's decision to grant rescission based on misrepresentation. Although the Hylers were obligated to account for the value of their use of the motor home, there was insufficient evidence in the record to calculate such an offset.
With respect to the award of consequential damages and attorney fees under the Magnuson-Moss Warranty Act, we conclude Autorama assumed the manufacturer's implied warranty obligations. Therefore, the district court did not err in awarding damages and attorney fees under the Act. [548 NW2d Page 877]
Finally, we hold the Hylers are entitled to a reasonable attorney fee for their defense of this appeal. Therefore, we remand this case to the district court for the determination of a reasonable fee. Costs are taxed to the defendants.
AFFIRMED AND REMANDED.
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