Bresee v. Barton, 2016 UT App 220 (Nov. 11, 2016)

In a dispute over water and boundaries, the Utah Court of Appeals upheld an award of attorney fees as a sanction for bad faith in instigating the litigation without an honest belief in its merits.  The court held that a prevailing party under the bad faith litigation statute is able to recover its fees incurred at the appellate level to defend its award of fees in the district court, as well as fees incurred in defense of the original claim.