Klun v. Klun

JUSTICE GABRIEL delivered the Opinion of the Court.

*90 ¶1 Defendant Michael Klun appeals the water court's order denying his motion for attorney fees after he prevailed on all claims brought against him in the underlying action by plaintiffs Thomas Klun and Joseph Klun, Jr. (because the parties are brothers and share the same last name, we will consistently refer to Michael Klun as "defendant" and Thomas Klun and Joseph Klun, Jr., as "plaintiffs," even though in the initial litigation between them, which we discuss below, their roles were reversed). Defendant here asserts that he is entitled to…