Hutchings Ex Rel. Hutchings v. Roling

KATHIANNE KNAUP CRANE, Presiding Judge.

In this consolidated appeal, both parties challenge the trial court’s award of attorney’s fees to plaintiff in the amount of $25,000 pursuant to section 536.087 RSMo (2000). Defendant, the director of a state agency, argues that the court should not have made any fee award because the underlying proceeding was not an “agency proceeding,” as defined in section 536.085(1) RSMo (2000), and his position was substantially justified under section 536.087. Defendant also maintains that no special factor justified a fee award in excess of $75.00 per hour under…