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HOOBAN v. UNICITY INTERN., INC.

No. 20080922-CA.

220 P.3d 485 (2009)

2009 UT App 287

Roger HOOBAN, an individual, Plaintiff and Appellee, v. UNICITY INTERNATIONAL, INC., a Delaware corporation, Defendant and Appellant.

Court of Appeals of Utah.

October 8, 2009.

Attorney(s) appearing for the Case

Steven C. Smith and John S. Clifford, Santa Ana, CA, for Appellant.

Chad C. Shattuck, Draper, for Appellee.

Before Presiding Judge GREENWOOD, BENCH and DAVIS, JJ.

MEMORANDUM DECISION

BENCH, Judge:

¶ 1 Defendant Unicity International, Inc. (Unicity) appeals the district court's denial of its request for statutory attorney fees after successfully defending against a contract-based suit brought by Plaintiff Roger Hooban. Because the district court based its denial of statutory attorney fees on an erroneous legal interpretation of the applicable statute, we reverse and remand for further proceedings.

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