Swenson v. Janke, 908 P.2d 678 (1995)

Citation: Swenson v. Janke, 908 P.2d 678 (1995)
Parent Document: Swenson v. Janke, 908 P.2d 678 (1995)
Jurisdiction: Montana (state)
Effective Date: 1995-12-28
Original Source: https://www.courtlistener.com/opinion/883414/swenson-v-janke/ ↗

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A review of the record reveals not only that Jankes' witness
testified to each of the seven factors, but also that Swenson
neither objected to nor rebutted this testimony.        In fact, at the
hearing, counsel for Swenson stated that:
     I'm not questioning the number of hours that Mr. Penwell
     spent or the $100 fee either. I request that it's more
     than legitimate for a man of his experience. So any
     reference to that in my brief should be withdrawn, Your
     Honor, as to the number of hours.
Therefore, we conclude that the District Court did not abuse its
discretion when it awarded fees in the amount of $4775.
     Additionally, Jankes have incurred attorney fees because of
Swenson's appeal to this Court, and request an additional award.
Section 70-24-442,MCA, provides that reasonable attorney fees and
costs may be awarded to the prevailing party in an action pursuant
to the Residential Landlord and Tenant Act of 1977. Therefore, we
conclude that Jankes are entitled to an award of reasonable
attorney fees for this appeal.
     For these reasons, we affirm the order of the District Court
and remand to the District Court for further proceedings to
determine a reasonable attorney fee award for services rendered to the respondents on appeal. We concur:

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