Walker v. Jacobsen

This matter is before us on appellants’ objections to respondent’s cost bill and petition for an attorney fee on appeal. Appellants object to the cost bill on the ground that respondent is not the prevailing party; they object to the petition for an attorney fee on the grounds that (1) the agreement sued on does not provide for an attorney fee on appeal; and (2) the attorney fee petitioned for is unreasonable and excessive. We conclude that respondent is entitled to recover costs but not an attorney fee.

Appellants argue that respondent is not entitled to costs because he is not the prevailing…