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June 24, 2013

Court to recalculate Jeffersonville's attorney fees

EMC won lawsuit in 2008 after contract was terminated

(Continued)

INDIANAPOLIS —

The appeals court said of the 22 conclusions of law reached, five addressed the city’s contemptuous conduct.

“Thus, the trial court abused its discretion by not specifically apportioning the attorney fees so as to impose fees only for the contempt claim,” according to the ruling. “We therefore reverse the trial court’s award of attorney fees to EMC, and remand for a determination as to the amount of attorney fees incurred solely for the prosecution of the contempt claim,” according to the ruling.

Jeffersonville Sewer Board Attorney Scott Lewis said the city is obviously pleased with the appeals court decision, but would not discuss the case in detail because it is still pending litigation.

However, he said that if the trial court determines that attorney fees should be assessed the fees would be paid for by the sewer board.

Attorney Greg Fifer, who represented EMC in the proceedings along with attorneys from an Evansville firm, did not return calls seeking comment as of press time.

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