# Strand v. Nelson

> Court of Appeals of Minnesota · February 11, 1986 · 380 N.W.2d 906

URL: https://www.frixlaw.com/law-library/cases/9673433

## Case

- **Full name:** Phyllis STRAND, Appellant, v. Robert C. NELSON, Respondent
- **Court:** Court of Appeals of Minnesota
- **Decided:** February 11, 1986
- **Citations:** 380 N.W.2d 906; 1986 Minn. App. LEXIS 3982
- **Precedential status:** Published
- **Opinion:** Dissent by Parker
- **Judges:** Popovich, Parker, Sedgwick, Huspeni, Nier-Engarten, Randall, Crippen
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9673433

## Opinion text

PARKER, Judge
(dissenting).
The statute authorizes a trial court to award attorney’s fees in four instances only, i.e., when a party or attorney has:
(1) acted in bad faith;
(2) asserted a claim of defense knowing it to be frivolous;
(3) asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass; or
(4) committed a fraud upon the court. Minn.Stat. § 549.21 (Supp.1985).
The trial court found that the plaintiff’s property had sustained damage of $500. With respect to attorney’s fees, the trial court found that:
16. The minimal damage to plaintiff’s property by defendant did not support, warrant, or make it necessary for plaintiff to institute legal proceedings or to obtain the assistance of legal counsel. The matter could have easily and expeditiously been resolved by filing a claim in Small Claims Court. Thus, plaintiff is not entitled to an award of attorney’s fees.
17. It was necessary, however, for the defendant to obtain the assistance of legal counsel to defend himself against the unwarranted claim of plaintiff. Thus, defendant should be awarded his reasonable attorney fees in the sum of $1,500.00.
Thus, the trial court has awarded attorney’s fees to the defendant because the plaintiff brought a case in Mower County District Court which the trial judge felt should have been brought in conciliation court and because, he concludes, the claim was “unwarranted.” Reference to the four enumerated statutory grounds illustrates that neither of those cited by the court is a statutorily authorized basis for the award of attorney’s fees. Further, the trial court’s award of $500 damages literally refutes its conclusion that the plaintiff’s claim was unwarranted.
The majority approves this action, attributing to the trial court an assessment of “bad faith” which it did not make. There was only one claim for relief at issue here, a suit for damage to a list of household property. She was awarded less than she sought, but she prevailed in the lawsuit, was the successful party on the issue and can enter costs. The award of attorney’s fees should be set aside.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673433. Public record. Not legal advice.