(DOWNLOAD) "Operating Engineers Local Union 370 v." by Court of Appeals of Idaho No. 13477 # eBook PDF Kindle ePub Free
eBook details
- Title: Operating Engineers Local Union 370 v.
- Author : Court of Appeals of Idaho No. 13477
- Release Date : January 30, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal concerns the validity of a writ of execution issued after entry of a judgment awarding costs to Goodwin Construction Company. The amount of the writ was based on a memorandum of costs (including attorney fees) to which no timely objection had been made. The judgment had not mentioned that attorney fees would be allowed, and no subsequent order had been entered fixing the amount of costs awarded. The case began in 1976, when the unions filed a complaint against the company alleging a breach of certain labor agreements. In December, 1976, upon motion by the company, the court granted summary judgment against the unions. The order granting summary judgment recited that judgment be entered herein in the [company's] favor dismissing this action with costs and disbursements to be taxed by the clerk, in favor of the [company] and against the [unions]. The judgment, entered the same date as the order, stated that the action be dismissed on the merits with prejudice, and that [the company] recover its costs. The company filed a memorandum of costs with the clerk, seeking recovery of $2,154 as attorney fees under I.C. § 12-121 and other costs of $121. The memorandum was duly served upon the unions' attorneys. The unions did not file any objection within ten days to any of the items listed in the memorandum, as required by I.R.C.P. 54(d)(6), and the district court apparently did not review the memorandum.[Footnote 1] The unions filed a notice of appeal from the judgment; however, that appeal later was dismissed by the Supreme Court for reasons unrelated to the issues now before us.