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Finley v. Home Insurance Company12/30/1998
ble attorneys' fees. This does not equate to an entitlement to an automatic award of all attorneys' fees expended by a party in litigation. Contrarily, "when costs are awardable to a prevailing party under HRCP Rule 54(d) and a particular taxable cost is allowed by statute or precedent, then actual disbursements for this purpose are presumptively reasonable." Wong, 88 Hawaii at 53-54, 961 P.2d at 618-19.
We perceive a rational basis for differentiation between appellate review of a circuit court's award of taxable costs and attorneys' fees. The reasonableness of an expenditure of attorneys' fees is a matter within the discretion of the circuit court. Moreover, a request for attorneys' fees is generally far more complex than a request for costs, which may be easily proven by actual receipts for expenditures. Coupled with the fact that an award of "actual disbursements" of taxable costs is specifically referenced by statute, see HRS § 607-9 (1993), we decline to extend the holding of Wong to an award of attorneys' fees under HRS § 607-14.
A detailed explanation of the rationale underlying the reduction in attorneys' fees awarded is not necessary. The circuit court specifically found that $11,764.00 was a reasonable amount of fees for the action. The circuit court had access to HIGA's complete, detailed billing statements. The Finleys' contention that HIGA was not entitled to attorneys' fees for Count V, breach of settlement agreement, is meritorious. HIGA was not the "prevailing party" on Count V, which was rendered moot by the payment by HIGA of $100,000 pursuant to the settlement agreement. Because the billing statements submitted by HIGA apparently requested work on this claim, the circuit court had sufficient justification for reducing the award from the amount of fees requested by HIGA. The reduction of the fees requested, therefore, is supported by the record. The mere fact that the circuit court reduced the fees without explanation is insufficient for us to hold that the circuit court abused its discretion. Therefore, we affirm the award of attorneys' fees.
III. CONCLUSION
For the foregoing reasons, we (1) reverse the opinion of the ICA and order the opinion depublished; (2) affirm the circuit court's grant of summary judgment in favor of HIGA on counts V, VI and VII of the Finleys' complaint; (3) affirm the circuit court's award of attorneys' fees; and (4) vacate the circuit court's award of costs and remand for recalculation of the taxable costs owing to HIGA.
On the briefs:
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