(Download) "Craig A. Nalen and Katherine A. Nalen v." by Court of Appeals of Idaho No. 17240 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Craig A. Nalen and Katherine A. Nalen v.
- Author : Court of Appeals of Idaho No. 17240
- Release Date : January 19, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The appellants, Craig and Katherine Nalen, received an award of attorney fees under § 48-608(3) of the Idaho Consumer
Protection Act. Dissatisfied with the award, they contend on appeal that the trial court abused its discretion by limiting
the amount of the award to the contingent fee arrangement entered into between them and their attorney. For reasons explained
below, we vacate the award and we remand the case for further proceedings. The relevant facts are not in dispute. The Nalens filed a suit against Edward Jenkins to recover part of the down payment
made to Jenkins for construction of a log home in Blaine County, Idaho. The trial court held Jenkins liable under two theories:
unjust enrichment and violation of the Idaho Consumer Protection Act. In addition to damages, the trial court awarded the
Nalens $1,342.65 in attorney fees -- considerably less than the $13,965 they had requested. The trial court calculated the
fee based on a contingency percentage of their claim under the Consumer Protection Act. When the Nalens appealed from that
determination, this Court held that the district Judge had improperly exercised his discretion in calculating the amount of
attorney fees by basing the fee on the ratio of "prevailing theories" to "nonprevailing theories." Consequently, we remanded
the case with directions to redetermine the amount to be awarded. Nalen v. Jenkins, 113 Idaho 79, 741 P.2d 366 (Ct.App.1987)
(hereinafter Nalen I). On remand, the trial court awarded the Nalens $2,456.97, representing one-third of the damages recovered
in Nalen I.[Footnote 1] The Nalens have again appealed.
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