Jones v. Riche

MEMORANDUM DECISION

ORME, Judge:

¶ 1 “In Utah, attorney fees are awardable only if authorized by statute or by contract.” Dixie State Bank v. Bracken, 764 P.2d 985, 988 (Utah 1988). “The award of attorney fees is a matter of law, which we review for correctness.” EDSA/Cloward, LLC v. Klibanoff, 2008 UT App 284, ¶ 8, 192 P,3d 296 (citation and internal quotation marks omitted).

¶ 2 If the legal right to attorney fees is established by contract, Utah law clearly requires the court to apply the contractual attorney fee provision and to do so strictly in accordance with the contract’s terms. See…