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Harris v. Alessi5/20/2005
ount of attorney fees to award Long pursuant to I.C. § 12-120(4). Specifically, Alessi argues that, because Long and her attorney agreed to pursue the case on a contingency basis, the district court should have used this basis when awarding fees. The calculation of reasonable attorney fees is within the discretion of the district court. Bott v. Idaho State Bldg. Authority, 128 Idaho 580, 592, 917 P.2d 737, 749 (1996).
Long's attorney agreed to pursue the case on a one-third contingency fee basis. After the jury returned a verdict awarding Long $18,000, Long's attorney sought an award of attorney fees on a "time and hour" basis rather than a contingency basis. Long's attorney claimed that he and Long had an oral agreement that the case would be filed for under $25,000 to take advantage of I.C. § 12-120(4) and that he would submit a claim of attorney fees on an hourly basis if the case was successful. In determining the amount of fees to award, the district court acknowledged that the case was taken on a contingency fee basis and found that Long's attorney's request for $135 per hour was unreasonable. The district court reduced the amount to what it considered a more appropriate rate, $110 per hour. The district court noted that it took into consideration all of the factors set forth in I.R.C.P. 54(e)(3) to reach its decision.
Idaho Rule of Civil Procedure 54(e)(3) states the factors the trial court is to consider in determining the amount of attorney fees. Idaho Rule of Civil Procedure 54(e)(3)(E), allows a court to consider whether a fee is contingent or fixed in determining the amount of a reasonable attorney fee. However, this is only one factor to be considered. In Nalen v. Jenkins, 114 Idaho 973, 763 P.2d 1081 (Ct. App. 1988), this Court held that the fact that an award of attorney fees is made to a party does not necessarily require the amount to be limited by the party-attorney agreement.
Based upon the district court's order and the record before us, we conclude that the district court understood this was a discretionary decision, acted within the boundaries of its discretion and consistent with the proper legal standards, and reached its decision by an exercise of reason. Therefore, the district court did not abuse its discretion in awarding attorney fees to Long in the amount of $9,405.
E. Costs and Attorney Fees on Appeal
Long also requests costs and attorney fees on appeal pursuant to I.C. § 12-120(4). This Court upheld the award of attorney fees below under I.C. § 12-120(4). Therefore, Long is entitled to an award of costs and attorney fees on appeal. See Miller v. St. Alphonsus Regional Medical Ctr., Inc., 139 Idaho 825, 839, 87 P.3d 934, 948 (2004).
III. CONCLUSION
The district court did not err in denying Alessi's motions for a new trial under I.R.C.P. 59(a)(1) and for J.N.O.V. Although Long did submit evidence of a new item of damage, that item was not significant. Thus, Long did not waive her entitlement to attorney fees. Accordingly, the district court did not err in denying Alessi's motions for a new trial, J.N.O.V., or a new trial conditioned upon remittitur. The district court's judgment awarding damages, costs, and attorney fees to Long is affirmed. Costs and attorney fees are awarded to Long on appeal.
Judge LANSING and Judge GUTIERREZ, CONCUR.
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