Henderson v. Jantzen, Inc.

The issue in this case is whether the Court of Appeals properly awarded attorney fees incurred in an appeal that resulted in the reversal of a summary judgment. Under statutes to be discussed below, that court had the power to award the fees. However, the court’s disposition of the underlying appeal left a trial to be held, with the ultimate prevailing party necessarily undetermined until after that trial. We hold that, under such circumstances, the Court of Appeals erred in awarding attorney fees and, accordingly, we reverse.

This case began when plaintiff filed an action for unlawful…