New Technology Electrical Contractors, Inc. v. Milestone Investment Co.

MEMORANDUM **

Appellants Milestone Investment Co. (“Milestone”), William Coleman (“Coleman”), and C.D. Crouser (“Crouser”), challenge the district court’s denial of attorney’s fees for litigation expenses incurred in the case below, wherein Appellees New Technology Electrical Contractors, Inc. and its parent company Integrated Electrical Services, Inc. (collectively “New Tech”), unsuccessfully sought to invalidate a seven-year lease (“Lease”) on commercial property held by its landlord Summit Properties, Inc. (“Summit”). In its attempt to invalidate the Lease, New Tech brought several third party claims against its original landlord, Milestone, and Coleman and Crouser, former officers of New Tech, for their alleged misconduct in the formation of the Lease. Appellants prevailed on all claims against them and then sought attorney’s fees from New Tech. The district court denied their request for attorney’s fees and all three now appeal.

1. Scope of Review

The district court denied Appellants’ motion for attorney’s fees on August *631 30, 2005, 2005 WL 2104960 . On September 9, 2005, they filed a motion for reconsideration. While the motion was pending, Appellants filed a notice of…