Dixie State Bank, a Utah Corporation, Plaintiff and Appellant v. Kirk Bracken and Linford Bracken, Defendants And…

Summary

The court held that the trial court erred by awarding less than the attorney fee it had determined was reasonable under the parties' contract. It also held that, even if the trial court intended to find that the reasonable fee was $1,500, that amount was an abuse of discretion because the court relied on the claim's size and an unsupported finding that the bank caused the dispute. Justice Howe, dissenting, would have remanded only for reconsideration of the fee without relying on the bank's computer error.