Hindin/Owen/Engelke, Inc. v. Four Seasons Healthcare, Inc.

MEMORANDUM *

Hindin/Owen/Engelke, Inc. (“HOE”) appeals the district court’s bench trial judgment and order awarding attorney fees in favor of Four Seasons Healthcare, Inc. (“Four Seasons”) in HOE’s action for breach of contract and breach of the implied covenant of good faith and fair dealing. The district court’s judgment and order were entered on remand from this court.

In HOE’s prior appeal 02-56028, we reversed the district court’s summary judgment in favor of Four Seasons and the court’s post-judgment order awarding attorney fees. In that disposition, we determined that “there are genuine issues of material fact, including but not limited to whether, FINOVA Capital Corporation’s agreement with Four Seasons constitutes a ‘credit facility or facilities,’ ‘funding proposal,’ ‘lending program,’ ‘funding commitment,’ or ‘fund’ for the purposes of the January 11 Agreement.”

With regard to the present appeal, we have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s judgment and its award of attorney fees in favor of Four Seasons.

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