City Electric v. Industrial Indemnity Co.

PETITIONS FOR REHEARING

HALL, Chief Justice:

The petitions for rehearing are denied. However, plaintiff City Electric, in its reply to defendant Valley Builders, Inc.’s petition, seeks clarification of the scope of the attorney fees award. Accordingly, the following paragraph is added to the prior opinion:

Plaintiffs entitlement to attorney fees under § 14-1-8 rises no higher than the level of success actually achieved by plaintiff upon its claims. Thus, in light of the fact that plaintiffs recovery was limited to the stipulated payment, it having failed in all other respects as to its claims in the trial court and on appeal, the award of attorney fees is limited to the legal services incurred up to the point the stipulation was made and no further. This principle was recognized in the Highland case, supra, where the “prevailing parties’ ” recovery was likewise limited to a payment made voluntarily by the opponent. This Court held:

Highland was entitled to ... a reasonable attorney's fee in bringing its actions for the recovery of the $10,300.78 [the amount recovered through voluntary payment] and maintaining that action until Stevenson made his payment. Since Highland recovered nothing further, legal services incurred in pursuing its ac*1062tion after the date of payment are not recoverable.34

STEWART, HOWE and DURHAM, JJ., concur.

OAKS, J., having resigned, does not participate herein.

. Id.