Gose v. Hess

THOMAS, Justice,

concurring specially, with whom URBIGKIT, Chief Justice, and GOLDEN, Justice, join.

I concur without reservation in the opinion of the court as to all issues other than the question of the attorney fee. I had a concern about the sufficiency of the record to establish the attorney fee that the court awarded in this case under our prior cases. See, e.g., UNC Teton Exploration Drilling, Inc. v. Peyton, 774 P.2d 584 (Wyo.1989); Albrecht v. Zwaanshoek Holding En Financiering, B.V., 762 P.2d 1174 (Wyo.1988); Miles v. CEC Homes, Inc., 753 P.2d 1021 (Wyo.1988); and Downing v. Stiles, 635 P.2d 808 (Wyo.1981). That concern has been resolved by subsequent pleadings, filed in this case, that establish that the attorney fee that was awarded has been paid to the appellee by the appellant. Under the circumstances, I am satisfied that there has been an admission of the correctness and propriety of the amount awarded as an attorney fee by the trial court.