Bolander v. Bolander
Plaintiff Rinske Bolander (Rinske) sued her now ex-husband, defendant Frederick (Rick) Bolander, for domestic violence after he twice drugged her with Ambien and engaged in nonconsensual sexual intercourse with her while she was incapacitated.[1] A jury found in favor of Rinske, awarding her $30,000 in economic damages, $175,000 in noneconomic damages, and $200,000 in punitive damages, for a total award of $405,000.
After the trial, Rinske filed a motion for attorney’s fees, seeking $455,600 plus a 1.5 multiplier, and a memorandum of costs seeking $155,622. The trial court denied Rinske’s fee request and, on Rick’s motion to tax costs, awarded Rinske only a fraction of the costs requested.
Both sides appeal. Rick’s appeal asserts multiple errors that he claims require reversal of the judgment. We reject his arguments, and we affirm the judgment.
Rinske’s appeal argues that the trial court abused its discretion in denying her request for attorney’s fees in its entirety and in rejecting a substantial portion of her costs. We conclude that, based on a misunderstanding of the applicable law, the trial court abused its discretion in ruling on Rinske’s requests for fees and costs. We therefore remand for the trial court to reconsider Rinske’s motion for attorney’s fees and Rick’s motion to tax costs in a manner consistent with this decision.
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