2013 Opinion No. 71
Appeal from the District Court of the Third Judicial District of the State of Idaho, in and for Canyon County. The Hon. Juneal C. Kerrick, District Judge.
The order of the district court is affirmed.
Allen B. Ellis, Ellis Brown & Sheils, Boise, argued for appellant.
Jeffrey R. Townsend, Townsend Law, Meridian, argued for respondent.
This is an appeal out of Canyon County from a post-judgment order of the district court determining that respondent was the prevailing party in the litigation and awarding it court costs and attorney fees. We affirm the order of the district court, and we award respondent costs and attorney fees on appeal.
Advanced Medical Diagnostics (Plaintiff) is in the business of providing physician education, marketing, and advertising services to imaging businesses that provide medical services to physicians. Imaging Center of Idaho, LLC, (Defendant) operates a diagnostic imaging center in Caldwell, Idaho. They entered into a written contract under which Plaintiff agreed to provide services to Defendant to develop and grow its business, for which Defendant agreed to pay a monthly base fee plus volume fees based upon the number of computed tomography scans and magnetic resonance imaging tests completed by Defendant each month.
Defendant ceased making payments under the contract, and on December 22, 2009, Plaintiff filed this action to recover damages for breach of contract. In its amended complaint, Plaintiff alleged claims for breach of contract, unjust enrichment, and reformation of the contract if there was a mutual mistake. Defendant answered and filed a counterclaim alleging breach of contract and misrepresentation, but it later stipulated to dismiss its breach of contract claim.
The matter was tried to a jury that returned a special verdict finding that Plaintiff had proved its claim for breach of contract, but was not entitled to recover damages because Defendant had proved its affirmative defense of mutual mistake; that Plaintiff had failed to prove its claim of unjust enrichment; and that Defendant had proved its claim of misrepresentation, but had failed to prove it suffered any damages.
Defendant filed a memorandum of costs seeking an award of court costs and attorney fees. Plaintiff filed a motion to disallow the request for court costs and attorney fees on the ground that there was no prevailing party. After hearing argument on the motion, the district court entered an order finding that Defendant was the prevailing party in the litigation and awarding it court costs in the sum of $6, 970.67 and reasonable attorney fees in the sum of ...