Bilanzich v. Lonetti

PARRISH, Justice:

INTRODUCTION

T1 Michael Bilanzich asks this court to overturn a court of appeals decision denying his claim for attorney fees. We hold that Utah Code section 78-27-56.5 grants the district court discretion to award attorney fees and costs to a prevailing party if the writing that forms the basis of the lawsuit provides attorney fees for at least one party. Therefore, we reverse the court of appeals and remand to that court with instructions to remand the case to the district court for further proceedings.

BACKGROUND

T2 John and Eunes Lonetti (the "Lonet-tis") loaned $1,780,600…