[DOWNLOAD] "State Missouri v. Terry L. Messa" by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Terry L. Messa
• Author : Western District Court of Appeals of Missouri
• Release Date : January 23, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

In this consolidated appeal, both parties challenge the trial courts award of attorneys fees to plaintiff in the amount of $25,000 pursuant to section 536.087 RSMo (2000). Defendant, the director of a state agency, argues that the court should not have made any fee award because the underlying proceeding was not an "agency proceeding," as defined in section 536.085(1) RSMo (2000), and his position was substantially justified under section 536.087. Defendant also maintains that no special factor justified a fee award in excess of $75.00 per hour under section 536.085(4). Plaintiff cross-appeals on the grounds that the trial court abused its discretion in making an award that was $17,000 less than that billed and requested, because the trial courts findings did not support a conclusion that a lesser fee was reasonable. We reverse that part of the judgment that awarded a fee in the amount of $25,000 and remand with directions. In all other respects, the judgment is affirmed, including that part of the judgment that awards a fee in excess of $75.00 per hour.

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