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GRANT v. LAURIE6/21/1995
hat the sacrifice demanded for this representation should come first, not from some unwilling lawyer forced into the role of guardian ad litem, but from the litigant who chooses to seek the judgment. This is clear from a reading of rule 13 and the statutes above cited, especially Iowa Code section 625.5, which imposes costs on a successful plaintiff when they are not recoverable against an unsuccessful defendant.
So there was no error in assessing Levad's guardian-ad-litem fees against the Grants.
II. The Grants take separate aim at that part of the attorney fee allowance that pertains to the first appeal, the certiorari proceeding. In that proceeding Levad defended the district court's allowance of his fees (fixed at $1849.88) for representing Laurie. The fee now fixed for representing the district court in the certiorari proceeding is $2391.66. We agree with the Grants that the $2391.66 allowance was unrelated to Levad's guardian-ad-litem services as contemplated by the statutory scheme we have described. The certiorari proceeding was actually a private appeal to successfully challenge the fee allowance. It fell outside the Grants' dispute with Laurie; it pertained to their special difference with Laurie's attorney. It was error to allow $2391.66 of the total fees as costs in the tort suit.
The case must be remanded for entry of a judgment fixing Levad's guardian-ad-litem fee at $1849.88. Tax costs on appeal one-half to the Grants and one-half to Laurie.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
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