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BILANZICH v. LONETTI

No. 20060017.

160 P.3d 1041 (2007)

2007 UT 26

Michael T. BILANZICH, Plaintiff and Petitioner, v. John LONETTI, an individual; Eunes I. Lonetti, an individual; and JDL Holdings, L.C., Defendants and Respondents.

Supreme Court of Utah.

Rehearing Denied April 24, 2007.

Attorney(s) appearing for the Case

Richard D. Burbidge, Jefferson W. Gross, Salt Lake City, for plaintiff.

Terry L. Wade, Bryan J. Pattison, Michael F. Leavitt, St. George, for defendants.

PARRISH, Justice:

INTRODUCTION

¶ 1 Michael Bilanzich asks this court to overturn a court of appeals decision denying his claim for attorney fees. We hold that Utah Code section 78-27-56.5 grants the district court discretion to award attorney fees and costs to a prevailing party if the writing that forms the basis of the lawsuit provides attorney fees for at least one party. Therefore, we reverse the court of appeals and remand to that court with instructions...

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