Alaska Supreme Court
Leisnoi, Inc., Appellant v. Merdes & Merdes, P.c., Appellee
February 1, 20132013 Alas. LEXIS 11
Summary
The court held that Leisnoi's payment of the judgment did not waive its right to appeal because payment of an adverse judgment, absent compromise or settlement, is involuntary as a matter of law. It held that the contingency-fee agreement, arbitration award, 1995 judgment, and 2010 writ of execution violated the federal prohibition on percentage-fee contracts involving ANCSA lands, but that the 1995 judgment was voidable rather than void and therefore was not subject to collateral relief under Civil Rule 60(b)(4), (5), or (6). The writ of execution was reversed, and Merdes was required to return the post-writ payment with interest, while earlier payments remained unrecoverable.