Bonaparte v. Neff

(joined by WALTERS, Chief Judge), specially concurring.

We concur in the first part of Judge Swanstrom’s lead opinion, which vacates the award of attorney fees in favor of the defendants (Neff) and against the plaintiff (Bonaparte). We also concur in the result reached by the second part of the lead opinion, which vacates an award of the third-party defendants’ (Ulerys’) costs and attorney fees directly against the plaintiff. However, we respectfully disagree with our colleague’s announcement that he would disallow any such award and, therefore, would favor reversing on this issue rather than…