Legal Opinion · Concurring in part, dissenting in part
World Peace Movement of America v. Newspaper Agency Corp.
Utah Supreme Court
Decided July 27, 1994No. 920507Published
1Concurring in part, dissenting in partRusson, Justice
I concur in the majority opinion with the exception of section two. I write separately (1) to express my concern with the majority’s determination that the term “expenses,” as used in Utah Code Ann. § 13-7-4(d) (1992), includes attorney fees, and (2) to challenge the majority’s creation of a “frivolousness” standard of review for the award of expenses under section 13-7-4(d).
In Utah, attorney fees are awardable only when authorized by statute or contract. Baldwin v. Burton, 850 P.2d 1188, 1198 (Utah 1993); Dixie State Bank v. Bracken, 764 P.2d 985, 988 (Utah 1988); Turtle Management, Inc. v.…
2Cases cited30 opinions
- International Woodworkers of America, Afl-Cio and Its Local No. 5-376 v. Champion International CorporationCourt of Appeals for the Fifth Circuit · 1986
- Copper Liquor, Inc., Robert Earl Basham, Jr., or the Estate of Harold Letcher, Deceased, Cross-Appellant v. Adolph Coors Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Dixie State Bank v. BrackenUtah Supreme Court · 1988
- Turtle Management, Inc. v. Haggis Management, Inc.Utah Supreme Court · 1982
- Canyon Country Store v. BraceyUtah Supreme Court · 1989
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