dissenting.
I respectfully dissent from the lead opinion. Justice Durham concludes that the trial court erred in denying Salmon the full amount of attorney fees incurred in his defense. In addition, Justice Durham, joined by Chief Justice Zimmerman and Associate Chief Justice Stewart, concludes that the trial court erred in denying Salmon an award for attorney fees incurred while litigating his entitlement to attorney fees. The incorrectness of these positions will be demonstrated in two parts.
As an initial matter, it is necessary to point out that this case is properly treated as an appeal from a trial even though the dispute was initially submitted to the trial court as Salmon’s motion for summary judgment.
It is not unusual for parties to submit cases containing factual disputes to trial judges for determination based upon evidence submitted by stipulation or by affidavits. Indeed, throughout the life of this case, the parties and the judge treated this matter, which was initially a motion for summary judgment, as a trial. That is, the parties submitted the evidence by way of contrary affidavits, argued the merits of the evidence, and left the determination of reasonable attorney fees and the resolution of factual disputes for the judge. After the lower court’s determination of reasonable attorney fees, Salmon moved for reconsideration but did not question the propriety of the court’s resolution of factual disputes or its determination of an award based on the affidavits. Salmon argued only that the judge’s ruling made him the prevailing party and he was therefore entitled to attorney fees incurred in prosecuting his claim for attorney fees. And in their appellate briefs to this court, both parties continued to treat the trial court’s determination as one resulting from a submission for determination based upon the affidavits. Both Salmon and Davis County state in their briefs that the applicable standard of review of the trial court’s award is abuse of discretion. The standard of review, of course, for a summary judgment is one of correctness, *897with no deference afforded to the trial court. Winegar v. Froerer Corp., 813 P.2d 104, 107 (Utah 1991); Farmers New World Life Ins. Co. v. Bountiful City, 803 P.2d 1241, 1243 (Utah 1990). Even during oral argument before this court, the parties argued the ease as if it had been tried.
The fact that the matter commenced as a motion for summary judgment in no way detracts from this court’s ability to treat the posture as it actually was, a trial based on evidence by way of affidavits. A similar contention was refuted by this court in Strand v. Associated Students of the University of Utah, 561 P.2d 191 (Utah 1977), where a motion to dismiss was filed and, subsequently, affidavits were submitted and used by the trial court to grant the motion. Id, at 192. Even though the trial court and the parties continued to .refer to the motion as a motion to dismiss, this court treated the motion as a motion for summary judgment. Id. at 193. This court explained:
“But since labels do not control, where the trial court, in effect, properly treats such a Rule 12(b)(6) motion as one for summary judgment but erroneously characterizes its action as a ruling on a motion to dismiss for failure to state a claim, the ruling will be reviewed as if it had been a ruling on a motion for summary judgment.”
Id. at 193 n. 1 (quoting 6 Moore’s Federal Practice § 56.02[3], at 56-33 (2d ed.)). The same underlying principle controls here as well. While Salmon moved for summary judgment and each party submitted affidavits supporting each position, the parties, in fact, submitted the matter, with its incidental factual disputes, for determination by the judge. Although it would have been preferable for the parties to specifically state their intentions on the record, those intentions are sufficiently reflected in their treating the matter as a trial.
Furthermore, contrary to Chief Justice Zimmerman’s intimations, the trial court’s factual findings were sufficient to support its award. For the first misdemeanor case, the trial court found that “a reasonable attorney fee ... is $4,000.” For the second misdemeanor case, the trial court found that “a reasonable attorney fee ... is $3,500.” That is all that is required. An award of attorney fees need only be reasonable, which encompasses the requirement that the fees were necessarily incurred, to satisfy the statute which authorized the fee. See Utah Code Ann. § 63-30a-2. Moreover, this court has never directed trial courts to record the manner in which each factor affected the trial court’s ultimate conclusion. Such a requirement is unnecessary.
I
Justice Durham’s first erroneous position is that the trial court erred in denying Salmon the full amount of attorney fees incurred in his defense. In so concluding, Justice Durham improperly affords no discretion to the trial court. Justice Durham states that in light of State v. Pena, 869 P.2d 932 (Utah 1994), “the reasonableness of an award of attorney fees ordinarily presents a question of law, with some measure of discretion given to the trial court in applying the reasonableness standard to a given set of facts.” In fact, she accords no discretion to the trial court on the ground that the fee award was determined by a district court judge who had before him only the written record and oral argument instead of the circuit court judge who tried the underlying case.
This court has consistently held that “[c]al-eulation of reasonable attorney fees is in the sound discretion of the trial court, and will not be overturned in the absence of a showing of a clear abuse of discretion.” Dixie State Bank v. Bracken, 764 P.2d 985, 988 (Utah 1988) (citation omitted); see Baldwin v. Burton, 850 P.2d 1188, 1198 (Utah 1993); Cottonwood Mall Co. v. Sine, 830 P.2d 266, 269 (Utah 1992); Jenkins v. Bailey, 676 P.2d 391, 393 (Utah 1984); Paul Mueller Co. v. Cache Valley Dairy Ass’n, 657 P.2d 1279, 1287 (Utah 1982); Alexander v. Brown, 646 P.2d 692, 695 (Utah 1982); Turtle Management, Inc. v. Haggis Management, Inc., 645 P.2d 667, 671 (Utah 1982); Management Servs. Corp. v. Development Assocs., 617 P.2d 406, 408 (Utah 1980); In re Smith’s Estate, 162 P.2d 105, 111 (Utah 1945). Indeed, both parties to this appeal acknowledge abuse of discretion as the applicable standard.
*898State v. Pena, 869 P.2d 982 (Utah 1994), does not compel a different standard. In Pena, this court acknowledged that broad discretion is generally granted to the trial court
(i) when the facts to which the legal rule is to be applied are so complex and varying that no rule adequately addressing the relevance of all these facts can be spelled out;
(ii) when the situation to which the legal principle is to be applied is sufficiently new to the courts that appellate judges are unable to anticipate and articulate definitively what factors should be outcome determinative; and
(iii) when the trial judge has observed “facts,” such as a witness’s appearance and demeanor, relevant to the application of the law that cannot be adequately reflected in the record available to appellate courts.
Id. at 936 (citation omitted).
The determination of reasonable attorney fees falls within these parameters. The consideration of such fees must take into account numerous variables that cannot be embraced in a rule of law. In Cabrera v. Cottrell, 694 P.2d 622, 625 (Utah 1985), this court set forth some of the factors relevant to attorney fee determinations. Such factors include
the difficulty of the litigation, the efficiency of the attorneys in presenting the case, the reasonableness of the number of hours spent on the case, the fee customarily charged in the locality for similar services, the amount involved in the case and the result attained, and the expertise and experience of the attorneys involved.
Id.
All factors, including those listed above, must be given careful consideration in the determination of the necessity and reasonableness of attorney fees. Trial judges are uniquely equipped to make such determinations and have traditionally been given broad discretion. They are routinely required to determine and award reasonable attorney fees in numerous cases on the basis of evidence presented in the form of stipulations, proffers, or testimony. They are in the best position to evaluate fees customarily charged in the locality for similar services, the expertise and experience of the attorneys involved, reasonableness of the hours, and numerous other factors. For this reason, this court has consistently held that the determination of reasonable attorney fees is within the sound discretion of the trial judge and will not be overturned in the absence of clear abuse of discretion.
Justice Durham takes the position that this court is in as good a position as the district court judge to review the record and determine the reasonableness of fees because the fee award decision in this case was made by a district court judge who had before him only the record and oral argument, not by the circuit court judge who had presided over the actual underlying trial. I disagree. Because trial judges are routinely involved in the determination of attorney fees concerning the entire spectrum of activities incident to litigation, they are in the best position, by their experience, to determine the reasonableness of such fees.
In this case, considering the appropriate standard of review in attorney fee disputes, the trial court’s award is amply supported by the evidence. Salmon submitted affidavits of his attorney and two experienced criminal defense attorneys as to the reasonableness of his proposed fee award. Davis County submitted affidavits of four practicing attorneys, one of whom averred that after reviewing the billing in question, he found the proposed figure excessive and unreasonable. All of the affidavits offered by the County stated that the customary fee for two misdemeanor trials was between $1,500 and $3,000.
Contrary to Justice Durham’s suggestion, the affidavits estimating fees customarily charged are competent evidence. An attorney need not have knowledge of the specific facts of the case to qualify as an expert in this context. One of the factors to consider in arriving at reasonable attorney fees is “the fee customarily charged in the locality for similar services.” Cabrera, 694 P.2d at 625. As long as the affidavits evidence the attorneys’ familiarity with fees customarily charged in the locality for misdemeanor trials, which they do, the attorneys qualify as experts in this context. Thus, this *899evidence is competent to support the trial court’s fee assessment.
This evidence is also sufficient to support the assessment. In Alexander v. Brown, 646 P.2d 692 (Utah 1982), this court affirmed an award of attorney fees where the trial court selected a compromise figure between two estimates of reasonable fees. Id. at 695. That is precisely what happened here. The trial court made a determination of and awarded reasonable attorney fees in an amount less than Salmon requested but more than the County offered. It cannot be said that the trial judge abused its discretion in making its award.
Under Justice Durham’s analysis, a trial court must either award the amount of fees claimed if affidavits substantiate the necessity and reasonableness of the claim or make factual findings supporting its denial or reduction of the amount. Justice Durham’s analysis is inaccurate. A court is not required to make findings as to why it did not make a particular award. It need only make findings sufficient to support the ultimate award. See Baldwin, 850 P.2d at 1198, 1199-1200; Appliance & Heating Supply, Inc. v. Telaroli, 682 P.2d 867, 868 (Utah 1984); Paul Mueller Co. v. Cache Valley Dairy Ass’n, 657 P.2d 1279, 1287 (Utah 1982). In Beckstrom v. Beckstrom, 578 P.2d 520 (Utah 1978), an attorney offered undisputed evidence that fees should be awarded in the amount of $800. However, the trial court awarded only $500. On appeal, this court upheld the award, explaining, “Even though that evidence is undisputed, the trial judge was not necessarily compelled to accept such self-interested testimony whole cloth and make such an award; and in the absence of patent error or clear abuse of discretion, this court will not disturb his findings and judgment.” Id. at 523-24 (footnotes omitted).
II
Justice Durham, joined by Chief Justice Zimmerman and Associate Chief Justice Stewart, awards attorney fees incurred in litigating the claim for attorney fees. In doing so, the justices ignore the language of section 63-30a-2 of the Utah Code as well as Utah case law which holds, “The general rule in Utah, and the traditional American rule, subject to certain exceptions, is that attorney fees cannot be recovered by a prevailing party unless a statute or contract authorizes such an award.” Stewart v. Utah Pub. Serv. Comm’n, 885 P.2d 759, 782 (Utah 1994); Baldwin, 850 P.2d at 1198; Dixie State Bank, 764 P.2d at 988. In this ease, Salmon seeks to recover attorney fees which he incurred in suing the County for attorney fees assessed in the defense of the criminal allegations against him. He relies upon section 63-30a-2 of the Utah Code, which states in part that an employee who has been acquitted of charges relating to the scope of his employment “shall be entitled to recover from the public entity reasonable attorneys’ fees and court costs necessarily incurred in the defense of that indictment or information.” However, the fees charged by his attorneys in litigating his entitlement to attorney fees were not incurred “in the defense of [the] information” as required by the statute. Salmon is in no different position than numerous other litigants who seek to enforce statutory rights where awards for attorney fees are not authorized by the statutes. The statute here is clear and unambiguous. The only fees recoverable by Salmon are those reasonably and necessarily incurred in the defense of the informations themselves. Therefore, Salmon should realize no reimbursement of fees incurred in pursuing fees.
In this regard, Justice Durham relies on cases decided by this court awarding costs and fees incurred during appeals. However, her reliance is misplaced. Justice Durham cites First Southwestern Financial Services v. Sessions, 875 P.2d 553, 556 (Utah 1994), and Management Services Corp. v. Development Associates, 617 P.2d 406, 408-09 (Utah 1980). However, the parties seeking attorney fees in those cases were not seeking fees incurred in litigating their entitlement to the fees. Rather, the parties were enforcing, on appeal, statutory and contractual rights. Both the statute and the contract in these cases provided for the award of fees incurred in enforcing the respective rights.
Finally, both Chief Justice Zimmerman and Justice Durham contend that the unavailability of “fees for fees” would reduce the *900effectiveness of the statute authorizing attorney fees. This may be true. However, it is for the legislature, not the courts, to increase the effectiveness of its statutes by authorizing awards of attorney fees. This court should not invade the legislature’s province by allowing an award for fees which section 68-30a-2 simply does not authorize.
HOWE, J., concurs in Justice RUSSON’s opinion.