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Gonzales v. State ex rel. Wyoming Workers' Compensation Division12/8/1999
ideration, asking the court to provide specific findings of fact and Conclusions of law for review on appeal. He also submitted an affidavit explaining why his fees are reasonable, using the factors set out in UNC Teton Exploration Drilling v. Peyton, 774 P.2d 584 (Wyo. 1989). When the district court failed to rule on the motion for reconsideration, he filed a notice of appeal with this Court.
DISCUSSION
The district court has Aconsiderable discretion in awarding attorney=s fees@ under Wyo. Stat. Ann. ' 27-14-615 (LEXIS 1999). Hemme v. State ex rel. Wyo. Workers= Comp. Div., 914 P.2d 824, 827 (1996).
Judicial discretion is a composite of many things, among which are Conclusions drawn from objective criteria; it means a sound judgment exercised with regard to what is right under the circumstances and without doing so arbitrarily or capriciously. Watt v. Watt, 971 P.2d 608, 613 (Wyo. 1999).
ASound exercise of discretion effectuates the rule of law, not the will of the Judge.@ Id. (citing Vanasse v. Ramsay, 847 P.2d 993, 996 (Wyo. 1993) (quoting Federal Enterprises v. Frank Allbritten Motors, 16 F.R.D. 109, 112 (W.D.Mo. 1954)). ADiscretion necessarily represents a choice on the part of the trial Judge, but that choice is rarely unfettered.@ Id.
The relevant language in Wyo. Stat. Ann. ' 27-14-615 (LEXIS 1999) provides:
The district court may appoint an attorney to represent the employee during proceedings in the district court and appeal to the supreme court. The district court may allow the attorney a reasonable fee for his services at the Conclusion of the proceedings in district court . . . . An award of attorney=s fees shall be for a reasonable number of hours and shall not exceed the benefits at issue in the appeal.
Although the statute affords the district court considerable discretion in determining whether to allow a fee and the reasonableness of the fee and the number of hours worked, that discretion is not unfettered. W.R.C.P. 54, concerning judgments, provides for attorney=s fees when allowed by law:
(d)(2) Attorney=s Fees.
(A) When allowed by law, claims for attorney=s fees and related nontaxable expenses shall be made by motion . . . .
(B) Unless otherwise provided by statute or order of the court, the motion must be filed and served no later than 14 days after entry of judgment; must specify the judgment and the statute, rule, or other grounds entitling the moving party to the award; and must state the amount or provide a fair estimate of the amount sought. . . .
(C) On request of a party or class member, the court shall afford an opportunity for adversary submissions with respect to the motion in accordance with Rule 43(e). . . . The court shall find the facts and state its Conclusions of law as provided in Rule 52(a), and a judgment shall be set forth in a separate document as provided in Rule 58. W.R.C.P. 54(d) (emphasis added).
There is no dispute that Wyo. Stat. Ann. ' 27-14-615 allows for an award of attorney=s fees or that Gonzales= attorney did not file a proper motion for his fees. The Division objected to those fees, and the district court issued a judgment awarding considerably less than Gonzales requested. However, the district court=s judgment did not Afind the facts and state its Conclusions of law.@ We have said many times that the use of Ashall@ is considered mandatory language requiring that the directive be obeyed. Russell v. State ex rel. Wyoming Workers' Safety and Comp. Div., 944 P.2d 1151, 1155 (Wyo. 1997). The district court=s order did not contain any findings of fact or Conclusions of law and, therefore, the order awa
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