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Keywords:

appeal,appellate,appellant,brief,intial brief,memo,memorandum,attorney fees,attorneys fees,attorneys fees,contract,counterclaim,

Description:

This is an appellate brief filed with the Utah Court of Appeals over the non-award of attorney fees in a contract action with a fee-shifting provision in the contract between the parties. The defendant in this action beat all of the plaintiffs claims. The plaintiffs lost all of their claims, and the defendant won on a single counterclaim. The defendant should have been the prevailing party, and should have been awarded attorney fees. The attorney fee issue was appealed and this is the decision.