Motion for Award of Attorney Fees Cases In Utah
In arguing the motion for an award of attorney fees, the parties relied on their pleadings and also submitted affidavits to the district court. "Where outside matters are 'presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56 . . . .'" Swenson v. Erickson, 2000 UT 16, P8, 998 P.2d 807 (quoting Utah R. Civ. P. 12(b)).
Accordingly, "we consider the evidence in the light most favorable to the nonmoving party and affirm only where it appears that there is no genuine dispute as to any material issues of fact and the moving party is entitled to judgment as a matter of law." Id. P 10 (citing Thayne v. Beneficial Utah, Inc., 874 P.2d 120, 124 (Utah 1994)).
We give no deference to the trial court's legal conclusions, reviewing them, instead, for correctness. See id. (citing Geisdorf v. Doughty, 972 P.2d 67, 69-70 (Utah 1998)).